By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise purchasing, electronically, verbally, or otherwise, you the agree to be provided with products, programs, or services as part of Brynn Carroll's Online Workshops website operated by Brynn Carroll (“Owner”), acting on behalf of Brynn Carroll LLC (“Company”), and you are entering into a legally binding agreement with Brynn Carroll LLC, subject to the following terms:

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1.TERMS OF ONLINE WORKSHOPS

(a)  Upon purchase and execution of this Agreement, the purchaser will be provided with the following content and/or services as detailed on brynncarroll.com (“the Website”) and selected prior to purchase for their own personal, non-commercial use. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:

1.              1. Newsletters and Emails

2.              2. Video tutorials and Reference Photos

3.              3. Videos

4.              4.  Any other Content from Brynn Carroll's Online Workshops

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(b) The scope of Services rendered by Brynn Carroll LLC pursuant to this Agreement shall be limited to those contained herein and/or provided for on https://brynncarroll.com .

(c) Brynn Carroll LLC reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.

(d)  Brynn Carroll LLC may from time to time offer extra Services to Workshop Purchaser for an additional fee.

(e)  Workshop Purchaser will have access to Brynn Carroll's Online Workshops for the duration of the websites existence, whether that be only a short term of one month.

(f) Workshop Purchaser may use their access to paid Workshop solely for their own personal, non-commercial use, and must not share their links or any of the content within the Workshop with any other person(s).

(g)  Brynn Carroll LLC reserves the right to cancel or terminate a Workshop Purchaser use of and access to the Website without prior notice if they do not comply with our Terms of Purchase.

(h)  At any point, should Brynn Carroll LLC be terminating Brynn Carroll Online Workshops the Workshop Purchaser will be given at least sixty (30) days notice.

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 2. INTELLECTUAL PROPERTY RIGHTS

(a) The paintings Workshop Purchasers produce as a result of using Brynn's video tutorials or based on Reference Photos are considered legally to be ‘Derivative Works’ and as such the copyright remains with Brynn Carroll LLC and any other photographer whose work has been used for these.

(b) Workshop Purchaser may share photographs of the paintings they create based on Brynn's video tutorials and Reference Photos online but they must always credit Brynn Carroll's Online Workshops whenever the work is displayed (including online).

(c) Workshop Purchaser may sell the physical paintings they create based on Brynn's video tutorials and Reference Photo's (for instance in a local art exhibition) but they must always credit ‘Brynn Carroll's Online Workshops’ whenever the work is displayed for sale.

(d) Workshop Purchaser can reproduce their own paintings provided the reproduction is for their own non-commercial use (for instance they can print it onto a Christmas card sent to friends and family) however, they must credit ‘Brynn Carroll's Online Workshops along with the reproduction.

(e) Workshop Purchaser may not reproduce their own versions of these paintings for commercial use (for instance as an illustration or onto greetings cards they intend to sell).

(f) Workshop Purchaser should use the following wording to credit Brynn Carroll Online Workshops:

1. For a painting completed via a video tutorial:  ‘Painting produced using an online video tutorial at Brynn Carroll's Online Workshops’.

2. For a painting completed via a provided Reference Photo: ‘Painting produced using a photograph provided by Brynn Carroll's Online Workshop

 

3. PAYMENT AND REFUND POLICY

(a)   Upon execution of this Agreement, the Workshop Purchaser agrees to pay to Brynn Carroll LLC the purchase amount of said Workshop.

(b)  Credit Card Authorization is through PayPal.  Each party hereto acknowledges that Brynn Carroll LLC will not be held responsible for credit card transactions. All payments are paid through our PayPal Gateway only.

(c) Refund Policy; We do not refund collected workshop monies once you reserve your spot in class.

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4. DISCLAIMER

By participating in the Workshops, the Purchaser acknowledges that Brynn Carroll LLC makes no guarantees as to the outcome of any Services, sessions, teachings, or modules accessed through Online Workshops. By participating in this Workshop, the Purchaser acknowledges that Brynn Carroll LLC does not warrant the accuracy of any information provided, is not liable for any losses the purchaser may suffer by relying on modules, content, videos, services, or products.

By participating in the Online Workshops, the Purchaser acknowledges that Brynn Carroll LLC nor any of its representatives are medical doctors, psychologists, therapists, or financial advisors, and content and/or services do not replace the care of other professionals. Services provided herein are in no way to be construed or substituted as medical advice, psychological counseling or any other type of therapy or advice.

Any testimonials or examples shown through the brynncarroll.com website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Purchaser and/or Services. The Purchaser acknowledges that Brynn Carroll LLC has not and does not make any representations as to success of any kind that may be derived as a result of use of its video tutorials, products or Services.

Brynn Carroll LLC  may provide the Purchaser with information relating to products that it believes might benefit the Workshop Purchaser. Brynn Carroll LLC is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. Brynn Carroll LLC may provide the Purchaser with third-party recommendations for such services as photography, marketing, technology, business, health, or other related services. Brynn Carroll LLC may be involved in affiliate relationships with certain third-parties for such recommendations and will inform the Purchaserr when this is the case.  The Purchaser agrees that these are only recommendations and Brynn Carroll LLC will not be held liable for the services provided by any third-party to the Purchaser.

 

5. RECORDING AND REDISTRIBUTION OF CALLS

The Workshop Purchaser acknowledges that group calls and/or training may be recorded. The Purchaser also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by Brynn Carroll LLC.

 

6. INTELLECTUAL PROPERTY RIGHTS

 In respect of the Material specifically created for the Workshop, including video tutorials, videos, documents, or other content (known collectively as the “Material”), Brynn Carroll LLC maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of Brynn Carroll LLC to the Workshop purchaser, nor grant any right or license other than those stated in this Agreement.

The Workshop Purchaser may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Brynn Carroll's Online Workshops website, content or intellectual property, in whole or in part without our prior written consent.  Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Brynn Carroll's Online Workshops website content by any person without Brynn Carroll's  prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.

 

7. DISCLAIMER OF WARRANTIES

The Services provided to the Workshop Purchaser by Brynn Carroll LLC under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

 

8. LIMITATION OF LIABILITY

By using Brynn Carroll LLC Services and purchasing Online Workshops, the purchaser accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. The purchaser agrees that Brynn Carroll LLC 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 Workshop. The Purchaser agrees that use of this Online Workshops at user’s own risk

 

9. JURISDICTION AND DISPUTE RESOLUTION

This Agreement shall be construed in accordance with, and governed by, the laws of USA as applied to contracts that are executed and performed in the USA. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in the state of AZ. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement through the International Court of Arbitration (ICC). The parties further agree that their respective good faith participation in arbitration is a condition precedent to pursuing any other available legal or equitable remedy, including litigation or other dispute resolution procedures.

If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

10. NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to info(at)brynncarroll(dot)com

 

11. ENTIRE AGREEMENT

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

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