Terms and Conditions

TERMS AND CONDITIONS

 

TERMS OF PARTICIPATION

Please READ carefully. By purchasing this product, you (the “Customer”) agree to follow the terms stated.

 

PROGRAM/SERVICE

Ginger Thomas Studios LLC (“Ginger Thomas Studios” or “Company”) agrees to provide products and services (“product” or “service”) identified in online commerce shopping cart.

 

DISCLAIMER

Customer understands Ginger Thomas (“Artist” or “Consultant”) and Ginger Thomas Studios are not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietitian, financial analyst, psychotherapist or accountant. Customer understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Customer; (2) perform any business management functions including but not limited to: accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Customer; (6) introduce Customer to Consultant’s full network of contacts, media or business partners. Customer understands that a relationship does not exist between the parties after the conclusion of this program. If the parties continue their relationship, a separate agreement will be entered into.

 

METHODS OF PAYMENT

Customer authorizes Company to charge Customer’s credit or debit card.

Shipping Policy

All paintings will be shipped through USPS, unless it is an extra large size (24″ x 48″ or larger) which will be shipped through UPS. All paintings receive the highest level of care and secure packaging to insure safe delivery. Please allow 3-7 days handling time on all purchases. Packages are normally received within 5-7 business days within the United States and may take as long as two months for international shipping. A tracking number will be sent to the buyer after shipment. Shipping cost includes packaging and handling fees.

Purchaser is responsible for any customs taxes/duties.

I strive for the best quality in both materials and finish. All of my paintings are created with great care and are coated with a matte or gloss varnish to protect the colors for extended time, to ensure durability and to protect against changes in room temperature. Each piece is signed and dated on the back, and the front is initialed if possible. All paintings are on a quality, 1.5 deep, gallery wrapped canvas with painted sides and are wired and ready to hang.

Certificate of Authenticity will be provided with each painting.

 

REFUND POLICY

All refunds are discretionary as determined by Ginger Thomas Studios.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at:

Info (at) gingerthomasstudios (dot) com

CONFIDENTIALITY

The Company respects Customer’s privacy and insists that Customer respects the Company’s and Program Participants (“Participants”). So, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, proprietary and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information, or any transactions, during discussions, on the forum or otherwise. Customer agrees not to use such confidential information in any manner other than in discussion with other Participants during Program. Confidential information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained by a third party. Both Parties will keep Confidential Information in strictest confidence and to protect it against disclosure, misuse, espionage, loss and theft. Customer agrees not to violate the Company’s publicity or privacy rights. Furthermore, Customer will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Customer including, but not limited to: names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product, you agree that if you violate or display any likelihood of violating this session, the Company and/or the Program Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

NO TRANSFER OF INTELLECTUAL PROPERTY

Ginger Thomas Studios’s Products and Services are copyrighted and original materials that have been provided to Customer are for Customer’s individual use only, and a single-user license. Customer is not authorized to use any of Company’s intellectual property for Customer’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Ginger Thomas Studios. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Customer agrees: (1) not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights; (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company; (3) Customer agrees not to disclose such information to any other person or use it in any manner, other than in discussion with the Company. Further, by purchasing this product, Customer agrees that if Customer violates or displays any likelihood of violating any of the Customer’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

CUSTOMER RESPONSIBILITY

Program is developed for strictly educational purposes ONLY. Customer accepts and agrees that Customer is 100% responsible for their progress and results from Products or Services. Company makes no representations, warranties or guarantees verbally or in writing. Customer understands that because of the nature of the program and extent, the results experienced by each Customer my significantly vary. Customer acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that the Customer will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that appear in any program materials.

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform. In no event shall such persons be deemed employees of the other party by virtue of participation or performance.

SEVERABILITY/WAIVER

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for will not be deemed a waiver of that right or any further rights.

MISCELLANEOUS

LIMITATION OF LIABILITY. Customer agrees they used Company’s products or services at their own risk and any Program is only an educational service being provided. Customer releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Customer accepts any and all risks, foreseeable or unforeseeable. Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.

 

NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Customer nor any of Customer’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

 

ASSIGNMENT

Customer may not assign this Agreement without express written consent of Company.

 

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on Ginger Thomas Studios’s website and purchasers shall be notified.

 

TERMINATION

Company is committed to providing all Customers in the Program with a positive Program experience. By purchasing this product, Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s participation in the Program without refund if Customer becomes disruptive to Company or Participants, Customer fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Customer will still be liable to pay the total contract amount.

 

INDEMNIFICATION

Customer shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Customer shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Customer recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Ginger Thomas Studios Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Ginger Thomas Studios and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.

 

RESOLUTION OF DISPUTES

If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Customer, Customer is responsible for any and all arbitration and attorney fees.

 

EQUITABLE RELIEF

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

 

NOTICES

Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email.

Email: info (at) gingerthomasstudios (dot) com

 

This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi, United States of America.

 

EARNINGS DISCLAIMER

Every effort has been made to accurately represent this product and its potential.

There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques.

Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

AFFILIATE LINKS

Some of the links on this website may be “affiliate links.” This means if you click on the link and purchase the item, I will receive an affiliate commission. Regardless, I only recommend products or services I use personally and believe will add value to my readers. I am disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

OUR MINIMUM GUARANTEES

Unless otherwise noted, all products come with an unconditional 30-day guarantee. If you are dissatisfied for any reason, simply contact customer support and request a full refund of your purchase price. Longer conditional guarantees may apply so check the sales material at the time of your order for details.

If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact: info (at) gingerthomasstudios (dot) com