Teresa Haag Art, LLC

TERMS AND CONDITIONS OF USE

Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any Teresa Haag Art, LLC or https://www.theartistinitiative.com or https://www.teresahaag.com (“Website”) digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, video, enter any online private forums operated by Teresa Haag Art, LLC (for any purpose), whether on a website hosted by Teresa Haag Art, LLC or a third-party website such as an online course platform or Facebook.com, participate in any workshop or challenge; attend any live event hosted or promoted by Teresa Haag Art, LLC; and/or purchase or take part in any future service or activity offered by Teresa Haag Art, LLC, whether now known or unknown.

If you do not agree with these TOU, you may not use the Website or its Content.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Teresa Haag Art, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively, “Haag”); and (ii) any volunteers.

1. Participants

The Website, Content, and Teresa Haag Art, LLC are intended and only suitable for individuals aged 18 and above. Some of their content may not be appropriate for children. Children under the age of 18 are not permitted to use the Websites or Content. Haag hereby disclaims all liability for use by individuals under the age of 18.

The Website and Content, and Teresa Haag Art, LLC are intended for artists, as further explained in the Refund Policy below.

2. Payments and Refunds

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to Haag, without any additional authorization, for which you will receive an electronic receipt.  You also agree that Haag is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

Refund Policy for 5k in 90 days: In order to request a refund, you must have attended live 20 of the weekly coaching calls, and compelte all of the modules and worksheets for the program, and have asked for and received coaching at least ten (10) times from Haag.  Haag may require that you submit documentation, including without limitation your self-coaching for each of the modules, all the completed worksheets from the program, and the coaching you received by email to teresa@teresahaag.com.

Haag's refund policy is only applicable to artists; if you are not an artist and participate in one of these programs, you acknowledge that your sale is final, and you are not eligible for any refund.

Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of Teresa Haag Art, LLC, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

3. Intellectual Property Rights

a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Haag websites, any third-party website Haag may use to distribute or host the Teresa Haag Art, LLC offers, contained in e-mails sent to you by Haag, or provided at in-person events by Haag, as well as the look and feel of all of the foregoing (“the Content”) is property of Haag and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

b. Haag's Limited License to You:

If you view, purchase or access any Teresa Haag Art, LLC offers or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of Teresa Haag Art, LLC and Content for your own personal purposes or your own internal business use only.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, your clients or customers, or any other third party, or otherwise use any material from the Teresa Haag Art, LLC offers or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them internally in your own business). By downloading, printing, or otherwise using the Teresa Haag Art, LLC offers or Content for personal use you in no way assume any ownership rights of the Content – it is still Haag property.  Any unauthorized use of any materials found in the Teresa Haag Art, LLC offers or Content shall constitute infringement.
You must receive our written permission before using any of the Teresa Haag Art, LLC offers or Content for your own commercial use or before sharing with others.

The trademarks and logos displayed on the Teresa Haag Art, LLC offers or Content are trademarks belonging to Haag, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

c. Unauthorized Use

Your use of any materials found in the Teresa Haag Art, LLC offers or Content or private groups held on third-party forums operated by Haag, other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Teresa Haag Art, LLC offers in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Teresa Haag Art, LLC offers, in addition to any legal or equitable remedies Boehman may be entitled to pursue.  This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.

d. Your License to Haag; Use in Testimonials and Marketing.

By posting or submitting any material during the Teresa Haag Art, LLC offers such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of Haag's current or future Teresa Haag Art, LLC offers and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.  You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Teresa Haag Art, LLC offers or in our Content at any time for any reason.

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.

You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.

This means you give Haag permission to use anything you submit or post in the Teresa Haag Art, LLC offers or any third-party forum or website operated by Haag, or anything captured by Haag during your participation in the Teresa Haag Art, LLC offers, other than images in which your face is visible and recognizable or your full name.**

e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to teresa@teresahaag.com.

If you are granted permission by Haag, you agree to use the specific Content that Haag allows and only in the ways for which Haag has given you its written permission. If you choose to use the Content in ways that Haag does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Teresa Haag Art, LLC offers and Content.