Terms of Use
Writing Workshop
Please read the Terms of Use for the Write With Us! Online Writing Retreat carefully and in their entirety before purchasing and using the Writing Workshop (hereinafter referred to as the “Retreat”). The Writing with Us! Online Writing Retreat as a bundled video series and its content are owned by Kat Caldwell.
1. Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Kat Caldwell and Marci Renée
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Workshop.
“You” or “Your” means the purchaser and person using the Retreat.

2. Consent:
By participating in the Write With Us! Online Writing Retreat 2023, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.

3. DISCLAIMER:
By participating in the Retreat, you understand that Kat Caldwell is a novelist and book coach and Marci Renée is a memoirist, children’s book author and life coach. They CANNOT guarantee outcome of your book. Neither can any guest author or speaker.
This Retreat is for informational and educational purposes only. The information and education provided in this Retreat is not intended or implied to supplement or replace the professional advice of an attorney, accountant, and/or financial advisor. You should contain with a professional in those areas (financial, legal, accounting, etc.) in person with someone where you live or work to discuss issues or questions pertaining to your particular legal, financial, or business situation.
Although we do our best to make sure all of the Retreat content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Retreat’s information, or its safety or efficacy as it applies to you.

4. Assumption of the Risk
You should use your best judgment in using the information provided in the Retreat, which is done at your own risk. It is your responsibility to discern the risk of using the Retreat or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Retreat.

5. Intellectual Property Ownership:
The Retreat and its content in bundled form, including, but not limited to, the content in the ThriveCart Learn page and the recording of the Retreat in its bundled form are intellectual property owned by Kat Caldwell and Ladwell Press. Your individual teaching video is your own intellectual property and Kat Caldwell has no right to resell your individual video at any time. Kat Caldwell does have the right to sell the full Write With Us! Writing Retreat bundle and to extend the viewing of that bundle to those who purchase the bundle. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law. You have the right to use your own teaching video that is your intellectual property as you wish. You do NOT have the right to sell the bundle on your own page.

6. No Sharing:
You cannot distribute, copy, forward, and/or share the Retreat as a bundle or its content with anyone else. This includes the link to the zoom, emails received in regards to this offer, the recording of the Retreat, and any other information given about the Retreat. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

7. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
We don’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Retreat. We are not responsible for the success or failure of your business, business decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Retreat.

8. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Retreat in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Retreat. The Retreat is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Workshop.

9. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Kat Caldwell expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Retreat, its materials, our website, or any other information obtained by you from us. By enrolling in the Retreat, you hereby agree to this limitation of liability and release Kat Caldwell from any and all claims.
By participating in and/or purchasing the Retreat, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Kat Caldwell, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Workshop and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the Retreat, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Kat Caldwell as stated in this section herein.

10. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable, live, and shareable nature of the Retreat, refunds will not be issued for the Workshop once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Kat Caldwell at writeyourlife@katcaldwell.com.

11. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Retreat, please contact us directly first by emailing Kat Caldwell at writeyourlife@katcaldwell.com.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Kat Caldwell shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 50 miles of Arlington, Virginia.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Virginia. The only award that can be issued to you is a refund of any payment made to Kat Caldwell for the applicable Workshop. You are not permitted to seek additional damages, including consequential or punitive damages.

12. Limitation of Liability:
Kat Caldwell, Marci Renée and Ladwell Press are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Retreat. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Workshop or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

13. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS
A. General Payment Terms:
When you pay for the Retreat by credit card, you authorize and give permission to Kat Caldwell to charge your credit or debit card for the amount owed for payment of the Workshop. When you purchase the Retreat, your information (i.e. credit card and contact info) may be collected by the third-party merchant PayPal, Stripe, Kajabi (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Kat Caldwell is not responsible for the merchant’s independent policies or practices.
B. No Chargebacks:
You will not, under any circumstances, issue or threaten to issue any chargebacks to Kat Caldwell or Marci Renée or your credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Workshop. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.

14. Severability
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

15. Entire Agreement
These Terms of Use contains the entire agreement between you and Kat Caldwell or Marci Renée. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.

16. Choice of Law + Venue
These Terms of Use shall be governed by the laws of the state of Virginia. Any action brought by any party arising out of or from these Terms shall be brought within the Virginia, County of Arlington.
By purchasing and/or participating in the Workshop, you implicitly signify your agreement to all of the terms in these Terms of Use.

17. Photograph and Testimonial Release
The Participant grants the Company the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Participant’s participation in the Workshop for the purposes of promoting and marketing the Workshop across social media, advertisements, the Company’s website, and to the Company’s future clients. The Participant understands that s/he will not receive any compensation for use of his/her likeness, testimonial, or image. The Company will make all reasonable efforts to conceal the identity of the Participant, unless otherwise granted permission by the Participant to share his/her name or identifying information.

If you have any questions about the Terms of Use, please contact Kat at writeyourlife@katcaldwell.com Thank you.