Terms and Conditions
The following are the terms and conditions (“Terms”) that govern your monthly subscription to The JV CoLab and the JV Magic Newsletter provided by Design Hacking Studios. These Terms shall constitute a valid, binding, and enforceable legal agreement between the purchaser of The JV CoLab and the JV Magic Newsletter (“You” or “Your”) and Design Hacking Studios. By purchasing this product, you expressly agree to these Terms, as may be updated from time to time.
1. Event License. Your purchase of The JV CoLab and the JV Magic Newsletter (the “Membership”) grants you a limited, revocable license to access the materials comprised within The JV CoLab and the JV Magic Newsletter Offer (the “Product”). The right to revoke Your license to your Membership is in the sole and absolute discretion of Design Hacking Studios, and You may be removed from the Product for any legal reason, without refund. The permitted refund schedule can be found on Exhibit A.
2. Assumption of Risk. I understand and agree that I am voluntarily joining the Product at my own risk. I, on behalf of myself, my heirs, successors, next-of-kin, and assigns, forever waive, release and discharge Design Hacking Studios, their owners, volunteers, assistants, employees, guests speakers, faculty members, and presenters from any and all liability, including but not limited to, liability arising from the alleged negligence of Design Hacking Studios resulting in death, disability, personal injury, property damage or theft, or any other damage or actions of any kind resulting from my Membership.
3. Media License Grant. I grant Design Hacking Studios, their officers, successors, assigns, and affiliates, an irrevocable, perpetual, royalty-free, assignable, sublicensable, worldwide license to use, display, exhibit, broadcast, reproduce, record, modify, sell, license, create derivative works from, or otherwise use, in any medium now known or hereafter developed, my name, photograph, likeness, statements, trademarks, and copyrighted material (collectively and individually referred to herein as “Images and Content”), whether such Images and Content are taken or recorded by Design Hacking Studios or submitted or posted by me to or about Design Hacking Studios or any associated product through or over any medium, such as through social media posts, text messages, or email. I agree that Design Hacking Studios may use such Images and Content for commercial, educational, informational, or other purposes, on a royalty-free basis. I waive all rights of copyright or ownership in or to the Images and Content and the resulting commercial, educational, informational, or other materials in which I appear, and acknowledge no monetary or other compensation is provided in exchange for waiving this right. I, however, retain all rights in my own trademarks and copyrights.
4. No Guarantees of Success. I understand that there can be no assurance that any prior successes, or past earnings, can be used as an indication of my future success or results. I acknowledge and agree that monetary and income results are based on many factors, including those, such as market forces, that are out of everyone’s control. Design Hacking Studios does not guarantee or imply that I will get rich, that I will do well, or that I will make any money at all, especially if I do not do the work that’s asked of me or I ignore any other strategies presented to me. Design Hacking Studios’ products and services, and the strategies presented in the Product, may have unknown risks involved, and are not suitable for everyone. Making decisions based on any information presented in the Product or in Design Hacking Studios’ other products, services, or website, should be done only with the knowledge that I could make no money at all and lose any investment in any products or services. All strategies and information provided, and all products and services offered, in the Product or otherwise by Design Hacking Studios are for educational and informational purposes only. I agree that I am solely responsible for doing my own due diligence when it comes to making business decisions and all information, products, and services that have been provided should be independently verified by my own qualified professionals including checking with my accountant, lawyer or professional advisor, before acting on this or any information. Design Hacking Studios’ information, products, and services should be carefully considered and evaluated, before reaching a business decision, on whether to rely on them. I agree that Design Hacking Studios is responsible for the success or failure of my business decisions relating to any information presented in the Product or otherwise provided in Design Hacking Studios’ products or services. I understand and agree that neither the Product or Design Hacking Studios is a business opportunity, a business-in-a-box, or a “get rich quick” program.
5. Photographs and Recordings. Design Hacking Studios and its designees and assignees have the sole and exclusive right to photograph, record, reproduce, edit, crop, inverse, color correct, edit, or otherwise modify, alter, or change productions and reproductions of any material within the Product and it’s community. You understand and agree that You are not permitted to bring your own photography or film crew into any Product event sessions. Any audio or video recording is prohibited in any Product event sessions (except for such recordings in hallways outside of the ballrooms). Any violation of this Section 5 is a material breach by You and may result in immediate ejection from the event grounds and suspension from the current and/or any future events.
6. Product Cancellation or Refunds. In the unlikely occurrence that the Event is canceled by Design Hacking Studios, refunds or credits will be executed as described on Exhibit A. For purposes of this Section 8 and Exhibit A, a “Force Majeure” event shall include events beyond the reasonable control of Design Hacking Studios, including, but not limited to, acts of God, war, strikes/labor unrest, governmental regulation, civil disturbance, terrorism, disaster, fire, earthquakes, hurricanes, issuance of travel advisory related to the region were FHL will occur, impossibility, illegality, commercial impracticability, or otherwise.
7. Indemnity. I agree to defend, indemnify and hold harmless Design Hacking Studios, their respective officers, directors, shareholders, employees, agents and affiliates from and against any and all loss, liability, claims, lawsuits, awards, judgments, settlements, costs, attorney’s fees, and expenses, arising out of or in any way related to the Product.
8. Text Messaging Opt-In. Design Hacking Studios may offer a mobile text messaging option for You to receive Product updates and notifications. By opting in to such program, you hereby consent to receiving text messages from Design Hacking Studios before and during the duration of your Membership. Message and standard data rates may apply. To unsubscribe, please email Design Hacking Studios at [email protected]. You agree that this method is a reasonable means for revoking your consent to receive such messages and shall be the exclusive means for such revocation.
By providing your phone number, you hereby authorize Design Hacking Studios to share your name and phone number with related third parties and affiliates of Design Hacking Studios.
9. Arbitration and Choice of Law. I agree to have any and all claims between me and Design Hacking Studios resolved through binding confidential arbitration on an individual basis subject to the American Arbitration Association’s Commercial Arbitration Rules and Procedures, and I forever waive all rights to pursue a claim in arbitration on a class action or representative action basis. I agree that this Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Idaho, without reference to conflict of laws principles. Any claim for indemnity pursuant to Section 4 above, and any claim by Design Hacking Studios against me for alleged infringement of Design Hacking Studios’ intellectual property (including, but not limited to, those referenced in Section 6 below), are exempt from this arbitration provision, and I hereby consent to, and forever waive any challenge to, the exclusive jurisdiction and venue of the state and federal courts located in Utah County, Utah for all such exempt claims.
10. Copyright and Confidentiality Notice. I agree that the materials and resources used in the training provided within the Product are the confidential and exclusive copyright and proprietary intellectual property of Design Hacking Studios. These materials are provided to me by Design Hacking Studios solely for my personal use as a Product member. No part of these documents and/or resources can be stored, reproduced or transmitted in any form or by any means (electronic, photographic, mechanical, or any other medium), recorded, translated, or used to produce any derivative works without the explicit written permission of Design Hacking Studios, under signature. Any violation or display of the likelihood of violating, any of my agreements contained in this paragraph, entitles Design Hacking Studios to injunctive relief to prohibit any such violations.
I hereby certify that I have read the foregoing and fully understand the meaning and effect thereof, and intending to be legally bound, agree to, and will comply with, the terms of this agreement.
EXHIBIT A
THE JV COLAB AND JV MAGIC NEWSLETTER REFUND POLICY
This policy will provide clarity for those individuals who purchase a Membership into The JV CoLab and the JV Magic Newsletter (“Membership”) for themself or on behalf of others.