ACCEPTANCE OF TERMS AND CONDITIONS FOR ONLINE PRODUCT AND/OR SERVICE PURCHASES
This Acceptance of Terms and Conditions for Online Purchases (the “Agreement”) sets forth the terms of the relationship between Maria Hedian, (“The Company”), with offices located at 244 Madison Avenue #1295 New York, NY 10016, United States of America and you as the purchaser or consumer (“You”) as it relates to the purchase of products and/services offered online through “The Company’s website (www.mariahedian.com) and/or related online links (the “Online Products”). You and The Company may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.” You expressly agree to the terms of this Agreement by purchasing one or more Online Products.
TERM OF AGREEMENT:
This Agreement shall apply to your purchase of one or more Online Products offered through The Company’s website and/or related online links.
ONLINE PRODUCTS USED AT YOUR OWN RISK:
The Company makes no promises, representations or warranties concerning the viability of any aspirations you may identify or choose to pursue during or as a result of your purchase of one or more of its Online Products. You agree to use any one of the purchased Online Products at your own risk. You are solely responsible for any decisions and actions that result from your use of the Online Products. The Company does not provide any type of business advice.
LICENSE TO USE OUR SERVICES:
We grant you an irrevocable, worldwide, perpetual right and license to forever retain and use the product you have purchased both for personal or business purposes.
All of our career services are final sales, no cancellations available.
Item Availability / Temporarily Out of Stock
If an item selected is temporarily out of stock at the time of your order, you will be notified via email and advised of the expected arrival of the backordered item. Backordered items are provided as soon as they are available.
Please be assured that you will not be charged for any item until it is confirmed. If for any reason you wish to cancel a backordered item prior to its arrival, please contact us at [email protected], and we will be happy to assist you.
To redeem an offer code, simply enter your offer code in the text box marked “Offer Code” on the Billing page during the Checkout process.
When an offer code is accepted, it will be displayed on the Order Review page.
Important Notes: One (1) Offer Code may be used per order.
The following credit cards are accepted for payment*
* Payment Authorization
All purchases are subject to bank authorization prior to processing. Only authorized purchases will be processed and shipped.
Payment Authorization Holds
When placing an order using a credit card or debit card, two transactions will be posted to your account.
– For career services: (www.mariahedian.com/career-services), there a no refunds available.
– For “Fashion Career Blueprint” course: There is a 14-Day Money Back Guarantee if you can provide proof of work.
Details: within 14 days of the 1st module being released, students must contact support ([email protected]) and request a refund by the 14th day at 12pm EST.
Students must include proof of coursework with the refund request.
No refunds will be provided after the 14th day and they are responsible for their full payment.
OWNERSHIP RIGHTS AND PROPRIETARY INFORMATION:
The Company and its affiliated entities own all right, title and interest (including all intellectual property rights) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services and information made by The Company (or its affiliated entities) or conceived or reduced to practice, in whole or in part, by The Company (or its affiliated entities) in connection with the Online Products and/or Services or any Proprietary Information (as defined below). You agree that all materials provided by The Company as part of the Online Products and/or Services, which are confidential and proprietary in nature, will constitute The Company’s “Proprietary Information” you will personally use all materials related to the Online Products and/or Services and not duplicate, replicate, distribute, copy or otherwise disseminate such materials to third parties without the prior written consent of The Company.
You recognize and acknowledge that the trademarks, service marks, trade names, logos, patents and copyrighted materials are associated with the Online Products and/or Services. You will not take any action that would interfere with or infringe upon the Company’s Intellectual Property, including, but not limited to: (i) duplication or creation of works (including any derivative works) that are the same or substantially similar to the Company’s Intellectual Property; (ii) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the Company’s Intellectual Property; (iii) use, manufacture, import, or sales of any product or service that infringes upon the Company‘s Intellectual Property; (iv) use of any The Company’s Intellectual Property in any social media website, newsgroup, page, association, broadcast or other designation without the express written consent of The Company’s and (v) any action that would pass off or create the appearance of an association with or endorsement by The Company.
The Company may modify or amend any of the terms and conditions contained in this Agreement, at any time and in The Company’s sole discretion, by posting a change notice or a new version of the Agreement on the applicable link for purchase of its Online Products and/or Service or by otherwise advising you of the amendment/modification. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued purchase of any of The Company’s Online Products following the posting of a change notice or a new version of the Agreement or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
You will indemnify, hold harmless and defend The Company (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) from and against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorneys’ fees) resulting from or arising out of your actions, your use of the purchased Online Products and/or Services or your violation of this Agreement or applicable law.
You may not assign this Agreement (or any obligations under this Agreement), by operation of law or otherwise, without The Company’s prior written consent.
LIMITATION OF LIABILITY:
The Company (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, losses of revenue, profits, use or data) arising in connection with this Agreement or your use of the Online Products, even if The Company or its affiliated entities knew or should have known of the possibility of such damages. Further, The Company’s aggregate liability arising with respect to this Agreement and the applicable Online Products and/or Services will not exceed the total amounts paid or payable by you for purchase of the Online Products and/or Services.
This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action against The Company, or any of its affiliated entities, now or hereafter pending relating to transactions evidenced by this Agreement or similar transactions.
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in the State of New York and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
By entering into this Agreement, you represent and acknowledge that you are of legal age in the state of your residency.
RELATIONSHIP OF PARTIES:
You agree that by purchasing one or more of The Company’s Online Products and/or Services you are acting as an independent contractor, and you are responsible for determining your own business activities. Nothing in this Agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.
If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. The Company’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of the Company’s right to subsequently enforce such provision or any other provision of this Agreement. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties and is intended as a final expression of their agreement.
If you have any questions regarding these Acceptance of Terms and Conditions For Online Product and/or Service Purchases, please email us at: [email protected]
PRODUCTS AND SERVICES FOR PERSONAL USE
You may order products or services from the Site by submitting a completed order form through the check-out procedure.
We will confirm acceptance of your order by email to the address you have given and the sending of this email (whether or not it is received) makes the contract between us.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Products and services are available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Site. However, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States laws, including laws governing copyrights and trademarks.
Except as set forth in Section 5 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
LIMITED LICENSES; USE RESTRICTIONS
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
– Frame or utilize framing techniques to enclose the Site or any portion thereof;
– Use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
– Make any use of the Site or any Content other than for personal use;
modify, reverse engineer or create any derivative works based upon the Site or any Content;
– Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
– “Stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
– Intentionally violate any applicable local, state, national or international law;
– Transmit, upload, post, email, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
– Engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
YOUR OBLIGATIONS AND RESPONSIBILITIES
THIRD PARTY LINKS
We are not responsible for the content of any third-party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third-party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third-party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third-party websites you visit.
When you transmit, upload, post, email, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, emailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
DELETION OF USER CONTENT
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, please contact us by email and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
COPYRIGHT INFRINGEMENT NOTICES
We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Site’s use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to our Designated Agent for notices of infringement and provide the following:
– A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
Identification of the copyrighted work(s) that you claim has been infringed;
– A description of the material that you claim is infringing and the location of that material on the Site;
– Your address, telephone number and email address;
– A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
– A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
– You can contact our designated agent for notifications of claimed infringement at: [email protected]
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MARIA HEDIAN THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO [email protected]
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You agree that we will not be responsible or liable in contact, warranty or in tort (including negligence) for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Further, we will not be liable in contract, warranty, or in tort (including negligence) for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability for such claims exceed one hundred dollars ($100.00).
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL
Notification of claimed non-compliance with either the GDPR, CCPA or the LGPD should be sent via email to the designated Data Protection Officer at: [email protected] or via U.S. Mail addressed to:
Maria Hedian – Data Protection Officer
244 Madison Avenue #1295
New York, NY 10016
Last Updated: March 2021