By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products by Meredith Cancilla (“Designer”), acting on behalf of Quixotic Design Co. LLC (“Company”). By purchasing any product, you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

 

  1. Scope of Product

 

1 WIX website template

 

  1. Payment

 

Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the product, regardless of what payment option Client selects at checkout. If Client selects a payment plan option, Client authorizes Company to charge the card or account used at checkout to complete all payments pursuant to the payment plan. Company reserves the right to collect any and all monies owed by Client to Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. 

 

  1. Refunds

 

Due to the digital and educational nature of this product, there are no refunds permitted under any circumstance. Dissatisfaction with Company’s product is not a valid reason for a refund or excuse to not make remaining payments due & owed under this Agreement.

 

  1. Disclaimer

 

Any testimonials, earnings, or examples shown through Company’s website or products are only examples of what may be possible for Client. There can be no assurance as to any particular financial outcome based on the use of Company’s products and/or services. Client acknowledges that Company has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of use of Company’s website, programs, products or services.

 

  1. Intellectual Property Rights

 

This product contains information that is the intellectual property belonging to Company and to third-parties that license some intellectual property to Company. Company provides Client with a non-exclusive, non-transferrable single-user license authorizing Client to use the materials for their individual purposes only. Client may not share, sell, re-use, reproduce, repurpose or otherwise distribute Company’s intellectual property without prior written consent from Company. Company maintains all rights to its intellectual property and nothing in this Agreement shall transfer ownership of rights to Client.

 

  1. Disclaimer of Warranties

 

The information contained provided through this purchase is provided on an “as is” basis. Quixotic Design Co. LLC makes no representations or warranties, express or implied, with respect to the information provided through this purchase. Quixotic Design Co. LLC will not be liable or held responsible for any losses, injuries, or damages from the participation in, use of, or reliance on any of the information provided through this purchase.

 

  1. Limitation of Liability

 

By purchasing this product, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. Client 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 the Company’s products or services. Client agrees that use of this Program is at user’s own risk.

 

  1. VIII.Non-Dispargement


By purchasing this product, you agree to refrain from making any statements, whether oral or in writing, that negatively impact Company’s business, services, products, or reputation.

 

  1. Assignment

 

There shall be no assignment of obligations. Neither Party may assign any of its respective obligations under this Agreement without the express written consent of the other Party.

 

  1. Severability

 

If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

 

  1. Dispute Resolution

 

If any dispute arises out of or related to a claimed breach of this Agreement or any other disagreement of any nature, type or description, regardless of the facts or the legal theories which may be involved, such dispute shall be resolved by binding arbitration by a single arbitrator in the State of California. If Company is deemed the successful party to the dispute, Company will be entitled to costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which Company may be entitled. The parties agree to waive their right to a jury trial. Parties further agree that prior to arbitration, both Parties will make a good faith effort to resolve the dispute without the necessity of outside intervention.

 

  1. Venue and Applicable Law

 

This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of California.   Both Parties agree to submit to the jurisdiction of and venue in the State of California. Should any claim or controversy arise between the Parties under the terms of this Agreement, such a claim or controversy shall be resolved only in the State of California.

 

  1. Signatures

 

This Agreement shall be signed by both Parties agreeing to the terms laid out above. This Agreement is effective upon our signatures as of the day and date first above stated.

 

  1. Entire Agreement

 

This Agreement contains the entire agreement of the Parties relating to the rights granted and obligations assumed in this Agreement. Any oral representations or modifications concerning this instrument shall be of no force or effect.

 

  1. All Rights Reserved

 

All rights not expressly granted in this Agreement are reserved by us. 

Terms of Purchase