Last updated: December 21, 2023
Please review these Terms of Purchase very carefully. By purchasing my products, you are agreeing to these and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase or access my products.
General Purpose
These Terms are between you (“Purchaser,” “you,” “your”) and Ashley Danyew (“Company,” “I,” “me,” “my”) for the purpose of purchasing or otherwise obtaining digital products (my “Products”) through the Company’s website at www.ashleydanyew.com or any related domains or subdomains (the “Website”). The Company and the Purchaser will collectively be referred to as “Parties,” and each individually as a “Party.”
By clicking “Add to Cart,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically or in-person, or otherwise subscribing through the Website, you are agreeing to adhere to and be bound by following terms and conditions, together with the Terms & Conditions, Privacy Policy, and Disclaimer, all of which are hereby incorporated by reference (the "Terms"):
Scope of Products
Products include but are not limited to digital downloads, templates, online courses, and workshops.
Product Delivery
When you make a purchase and submit your payment, you will be provided with the Products as detailed on the Website. If the Product is listed as presale or pre-order, the order will be delivered as detailed on the Website. The Company will make all reasonable efforts to meet any estimated delivery dates. Should the Company be unable to meet estimated timelines for delivery of presale Products, the Company will have the sole discretion as to whether to issue a refund.
Product Disclaimer
You understand and agree that the content included in any of the Products is merely meant to be informational in nature and does not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, the Company will not be responsible for any damages that result from the use of the Products.
No Warranties + No Guarantees
I am providing the Products on this Website on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in these Terms. The Company makes no warranty as to the accuracy and reliability of information set forth in the Products, the Website, and Company-related documentation. You understand and agree that purchasing the Products does not guarantee specific results, including financial or other business gains for you personally and/or for the business. The information included in the Products is provided for informational purposes only and you are responsible for implementing any business practices or suggested actions found within these Products.
Payment + Billing
By providing the Company with your preferred payment method, you represent that you: (i) are authorized to use, and (ii) authorize the Company to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Products (the “Fees”). Unless otherwise indicated, all Fees are in USD.
I reserve the right to refuse or cancel your order if fraud or an unauthorized transaction is suspected.
I use third-party services to facilitate payment. By submitting your information, you grant the Company the right to provide your payment information to these third parties as outlined in my Privacy Policy.
Return Policy
If my Products did not meet your needs and you have followed the conditions in this section, I am willing to offer a 7-day return policy. If you feel the product does not meet your expectations compared to what was promised, and you can explain this in detail, I’m happy to offer you a 100% refund within 7 days of your purchase.
Please reach out to me at ashley@ashleydanyew.com and describe the discrepancy between what you felt was promised and what you found missing or lacking in the materials. I will do my best to make it right, but if I am not able to resolve your issue efficiently, I will issue you a 100% refund within 7 days of your purchase. No refunds will be given after 7 days (168 hours) after purchase.
By requesting and accepting a refund, you agree to immediately cease use of the course, product, or music you purchased. In addition, you agree to delete all materials related to your purchase from all your electronic devices, including but not limited to video recordings, audio recordings, templates, spreadsheets, files, sheet music, and other resources.
Chargebacks
By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. I have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.
Promotions + Discounts
I may occasionally market and/or advertise promotions, discounts, limited-time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase my Products. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. I reserve the right to change or alter any Promotions at any time and at my sole discretion. If you made a purchase of my Products prior to any associated Promotions, I am unable to honor the new offer or return a portion of your purchase.
License for Use
By purchasing Products through my Website, you are agreeing to the Terms of Purchase, and in return, I am providing you with a limited, non-transferable, non-exclusive, revocable, personal-use license (“License”) to use the Products by yourself only. Sharing, copying, reproducing, modifying, publishing, selling, or otherwise distributing the Products, whether publicly or privately, is expressly prohibited. You may, however, copy or print instructional materials, information, and guides within the Products for personal use, provided that all original formatting, copyright and trademark notices, and branding remains intact. Your limited license allows you to use the Products and any associated materials for yourself only. If you have multiple team members who would need access to the Products, you must purchase an additional License for each member of your team and ensure they are aware of these Terms of Purchase. You are permitted to modify, copy, edit, print, and otherwise adapt this product for use for yourself and/or your business as long as you agree to adhere to all state and federal laws and intellectual property terms contained in these Terms. You are not permitted to reproduce, give away, publish, sell, or distribute this Product in any way, whether publicly or privately. You agree to modify the Products only in a manner consistent with these Terms of Purchase.
Intellectual Property
The Company owns and retains all rights, titles, and interests in and to the Products. Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and I reserve all rights not expressly granted to you. Permission to alter or modify the Products in a way that is consistent with the Terms of Purchase does not grant you intellectual property ownership or the right to modify the Products beyond these conditions, and in no way expands the limited license provided upon purchase.
Consent to Use
By submitting reviews, images, comments, testimonials, or tags (“Submissions”) to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your Submissions for any reasonable future business use. In doing so, I may use your name {and/or photo} along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on my Website, marketing materials, guides, and any other platform not expressed in these Terms.
Age Limitations
You acknowledge you are able to perform any and all of the obligations required under these Terms of Purchase. By submitting payment or otherwise enrolling through the Website, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products.
Changing Terms
I reserve the right to update and revise these Terms at any time without notice to you. Your continued use of the Products and Website after I have updated the Terms of Purchase indicates your acceptance and agreement to the changes.
Privacy + Protection of Personal Information
I respect your privacy and are committed to protecting it. I may use certain information that I collect from you to operate Ashley Danyew and provide my Products. Please review my Privacy Policy to understand the types of data I collect from you and your devices (“Data”) in connection with your purchase of Products through the Website and how I use your Data.
Error in Store Presentation
I strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors. However, any of the content on the Website may, at any given time, be incorrect or out-of-date. I reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance.
Termination of Use
I may terminate your account or restrict your use of the Website at any time for any reason. Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Purchaser.
Limitation of Liability
The Company is in no way liable to the Purchaser or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based.
This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.
Maximum Damages
My entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website.
Binding Arbitration
In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Monroe County, New York. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.
Choice of Law
These Terms and the Parties’ relationship are governed by the laws of the State of New York. In the event of conflicting laws, the laws of the State of New York will control.
Notices
I may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Ashley Danyew, P.O. Box 10146, Rochester, NY 14610. Notices provided by certified mail will be effective upon actual receipt of the notice.
Severability + No Waiver
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, I am not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.
Transfer + Assignment
You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company.
Force Majeure
To the extent that any failure or delay in my delivery of the Products under these Terms is caused by or results from acts or circumstances beyond my reasonable control, I will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond my reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.
Headings for Convenience Only
The headings in these Terms are included for convenience and reference and are not meant to describe, define, or limit the scope or intent of any provision.
Entire Agreement + All Rights Reserved
In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.
