TERMS AND CONDITIONS OF USE FOR THE MAGNETIC MAKERS MEMBERSHIP

This Terms and Conditions of Use Agreement (“Agreement”) is a legally binding agreement between you (“you” “your” “customer” “client” “subscriber” “user” or “users”) and DAISY MADE (“us” “we” “our” “Owner” “Company”). This Agreement sets forth the terms and conditions for your use of the MAGNETIC MAKERS MEMBERSHIP (“Product” “Subscription” or “Membership”). This Agreement is between you and the Owner only, and not with any other person or entity. The Owner is solely responsible for the services, content and materials provided through the Membership. You acknowledge and agree to be bound by the terms of this Agreement.

This Agreement shall become effective between you and the Owner by clicking “Complete Order” “Purchase” “Sign-up” or any other phrase on the purchase button, entering your credit card information or other billing method (either in full or partial payment) and may only be terminated for the reasons set forth below.

Please read these terms and conditions carefully before purchasing and accessing the Membership. We reserve the right to change, update or modify these terms and conditions by posting updates to the membership platform, website, or via email. It is your responsibility to periodically review the terms and conditions and check for updates. Your continued use of the Membership constitutes acceptance of these terms, including any changes.

DISCLAIMER AND LIMITATION OF LIABILITY

Nothing in this Agreement shall be construed as a promise or guarantee from using the Membership. The Owner makes no such promises or guarantees. By signing up for the Membership, you acknowledge and agree to accept any and all risk associated with and arising out of your use of the Membership, whether foreseeable or unforeseeable. You agree that the Owner will not be liable for any damages resulting from any delay or denial in the use of the Membership, any errors or system failures in the use of the Membership, any other failure of performance of any kind, or any use or misuse of the Membership and is at your own risk. In no event shall the Owner be liable for any indirect, direct, special, punitive, exemplary, or consequential damages arising out of your use of the Membership. If no exclusion or limitation of liability is allowed, our liability is limited to the fullest extent permitted by law, and in no event shall our cumulative liability to you exceed the purchase price of one month of the Membership.

Your use of the Membership and any third-party content, websites or material linked through the Membership is at your own risk and is for educational purposes only. You acknowledge and agree that the Owner is not responsible for your success or lack thereof for you individually or in your business.

There is no guarantee that you will be available for every single session as scheduling depends on the availability of the Owner and other users.

No professional-client relationship has been formed between us by your purchase or use of the Membership. It is your responsibility to do your own research, consult, and obtain a professional for your legal, financial, health, or other help that you may need for your situation.

You acknowledge and agree that the Owner cannot guarantee your future results or success, financial or otherwise. Your success is based on your own actions and not on the Membership. You acknowledge and agree that the Owner is not liable for the success or lack thereof of your business.

Statements made regarding improving your relationships, careers, or life does not guarantee you will have these results. Your success is based on your own actions and not on the Membership. You acknowledge and agree that the Owner is not liable for your success or lack thereof.

You agree and acknowledge that the Owner is not a licensed coach. The Membership is not meant to be a complete solution for any situation and does not make any such promises or guarantees. It is your responsibility to obtain a professional if necessary for your situation and the Owner is not responsible for any outcome.

MEMBERSHIP ACCESS

This Membership may be transmitted by the Owner through a third-party platform. The Owner reserves the right to substitute service at any time, provided that it is of a comparable nature and value and it is reasonable for the Owner to do so as determined by the Owner, including editing, modifying or changing any of the content or services. Access is presently available to the Membership through Facebook. The Owner is not liable for any limitation of access to the Membership caused by a third-party platform or other technical difficulties.

Accessing this Membership may require the creation of a username and password on a third-party platform, as well as providing additional personal information, including your name, address, email address, and other information. You agree to keep any information up to date, to not share this information with third parties, to use the correct information, and to use it only for the purposes intended. If your account becomes compromised at any time, you agree to contact us immediately and change your password. If you are unable to access the membership at any time, please contact hellodaisymade@gmail.com.

Your purchase of the Membership gives you immediate access to the following:
Monthly group zoom call with a guest speaker, scheduled based on the mutual availability of the administrator and speaker, recorded and uploaded to the membership portal;
Monthly hands-on zoom call with a guest instructor, scheduled based on the mutual availability of the administrator and instructor, recorded and uploaded to the membership portal;
Access to Magnetic Makers past course library via Facebook for the length of your membership;
Support in a group setting via Facebook group. Messages will be checked and responded to accordingly within 48 hours, except for messages received outside of the Owner’s office hours of Monday through Friday 9am-5pm PST;
Monthly Q&A with an established creative, scheduled based on the mutual availability of the administrator and speaker, recorded and uploaded to the membership portal;
Access to templates, mini-courses, and other resources;
1 virtual co-working session a month.

MEMBERSHIP USER DUTIES AND RESPONSIBILITIES

You agree to refrain from abusive or unprofessional conduct, behavior or comments towards the Owner or any other user of the membership. The Owner has a no tolerance policy for racism, bullying, abusive, harmful or hurtful comments or conduct and reserves the right to immediately terminate this agreement without notice. In the event the Owner terminates this agreement under this section, the user shall remain liable for any remaining payment owed and is not eligible for any refunds regardless of when during the billing period this agreement is terminated.

You agree not to upload, post, submit, or otherwise transmit any content that contains a virus, or any other computer software intended to damage or interfere with the membership portal, software or its content. You agree not to upload, post or otherwise submit any content that is unlawful, threatening, infringes on any intellectual property or other rights of any other person or entity, or violates any law, rule or regulation, violates any of the terms in this agreement, or that is false, misleading or deceptive.

You agree not to spam or send any unsolicited messages, emails or other communications to any other user of the membership.

INTELLECTUAL PROPERTY - LICENSE AND RESTRICTIONS

The Membership contains intellectual property that belongs to the Owner. All rights reserved. Purchase of the Membership grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Membership and its contents for the individual purposes intended. This does not grant you a license to sell, rent, copy, share or otherwise transmit or disseminate the Membership or any materials provided in connection with the Membership, with anyone else for commercial or non-commercial use. Any content from the Membership shall not be reproduced, republished, uploaded, posted, transmitted, used in any way other than the intended purposes, distributed or publicly displayed in any manner without written permission from the Owner.

Any violation by you of the license provisions contained herein may result in immediate termination of your license to use the Membership, and your access to use will be revoked. Violating this license may result in charges to you from the Owner for the license you sold, shared or otherwise transmitted. We reserve the right, title and interest not expressly granted under this license to the fullest extent permitted under applicable laws.

You acknowledge that the intellectual property contained in the Membership is the property of the Owner and may be protected by applicable copyright and other intellectual property laws and subject to use restriction under those laws. The Membership may contain trademarks, service marks, graphics and logos that are the property of the Owner. Your purchase does not grant you license to use such.

You acknowledge and agree that if there is any intellectual property in the Membership that is from a third-party, your use of the Membership does not give you ownership rights or license to use such.

PAYMENT POLICY

You agree and authorize the Owner to charge your designated payment type (credit card or other billing method) for the full purchase price of the Membership on a monthly basis without additional separate authorization. You understand that by making the first payment you are signing up for and agreeing to a recurring payment and acknowledge that your payment method used during the initial payment will be saved and used for the recurring payments until cancellation.

If payments fail for any reason (updated credit card is needed, payment information update is required, credit card expired, etc), you agree to resolve it immediately, within 5 business days. Although there is a 5 day grace period before revoking access entirely, access will be suspended immediately upon the failed payment until remedied. If your billing method is not updated or fixed within 5 business days, access to the Membership will be revoked.

If payment fails for any reason and is not remedied immediately within 5 business days, no further content of the Membership will be delivered to you. You will retain access only to any resources already downloaded.

You agree to not make any chargebacks to the Owner’s account or cancel your credit card or billing method used without prior written consent of the Owner. In the event a chargeback or merchant dispute is commenced by you with your financial institution for the services received under which payment was owed and you are successful in recovering these funds, the Owner will provide this contract to the financial institution as well as evidence of your receipt of services.

You agree to pay for any fees associated with the Owner having to recover payments, including but not limited to, collection fees and attorneys’ fees. The Owner reserves the right to report any chargeback incident to credit reporting agencies as a delinquent account.

REFUND POLICY

Due to the digital nature of some of the content included in the Membership and the immediate access granted, the Owner does not offer refunds under any circumstances. However, you may cancel your membership to prevent future recurring charges, provided cancellation is made in accordance with the terms in the termination clause below.


If you request a refund and have not downloaded or accessed the Membership within 24 hours, a refund will be issued upon request within 5-7 days. Digital downloads and course or product activations through third-parties are monitored to ensure you are able to access the Membership after purchase. If you are unable to access or download the Membership, please contact us at hellodaisymade@gmail.com.

CONFIDENTIALITY

“Confidential information” shall mean proprietary information about the Owner, including but not limited to information relating to the Owner’s services, business and operations, including but not limited to business plans, sources, strategies, trade secrets, procedures, marketing, sales, data, all other non-public information, and know-how or other intellectual property that may be communicated to you in any manner. All confidential information disclosed to you shall remain the property of the Owner without prior written consent. You agree not to disclose or use any confidential information in any manner other than what is permitted under this agreement for the use of the services, or as required by law. Confidential information does not include information that is already known to the public through no fault of yours or through no breach of confidentiality, received from a third party that had the right to disclose such information, or was already in your possession prior to the disclosure. You shall take reasonable steps to safeguard confidential information and to protect the accidental or unlawful disclosure of the Owner’s information.

“Confidential information shall also include information relating to other users of this membership, including any information relating or involving personal information, personal health information, financial, business, or other non-public information communicated in the membership in any manner. All confidential information disclosed within the membership by any participating member shall remain property of the disclosing member without prior written consent, and shall not be disclosed or used in any manner other than as permitted in the membership.

Unauthorized use or disclosure of confidential information by you in violation of this agreement is a breach of this agreement, which may result in irreparable harm to the Owner and may be subject to legal action to (1) prevent any further breach of the agreement and (2) any other remedies available in law or equity.

The terms of this section of the agreement shall survive the termination of this agreement.

TERMINATION

If access to the membership is revoked by the Owner due to a breach of one or more of the provisions contained in this agreement, the Owner may cancel your membership immediately by providing written notice to you, and you shall remain liable for any outstanding payments that have already been charged, even if your billing method declined for any reason.

You have the right to terminate your membership at any time for any reason whatsoever upon written notice to the Owner; however, termination of this agreement does not discharge you from payment made prior to request for termination. Written notice must be given via email at least 3 days prior to your next billing date in order to not be charged for the next billing cycle.

You have the right to terminate your membership at any time for any reason. If you would like to cancel your membership, please login to your account in your membership portal (head to your transactions area and locate the transaction you want to cancel. You’ll then be presented with the modal window with the choice of either canceling your subscription entirely or pausing your subscription. As you’re looking at canceling your subscription. You will choose the Cancel option. Then click Go.) After cancellation, you will receive an email confirmation and will no longer be able to access your membership benefits.

NON DISPARAGEMENT

You agree to refrain from making any disparaging comments or statements about the Owner or the services that negatively affect the Owner’s business, services, products, or reputation. Notwithstanding the foregoing, nothing in this agreement shall preclude you from making truthful statements that are either required by applicable law, regulation or legal process; or for the purpose of communicating a review of the Owner’s goods and/or services.

ASSIGNMENT

This agreement is between you and the Owner only, and not any other person or business entity. This agreement may not be assigned or transferred to any other person or entity without the express written consent of the Owner.

ATTORNEY’S FEES

Any legal fees incurred due to the enforcement of this agreement by the Owner, if prevailing, shall be entitled to recover its reasonable attorney’s fees and costs from you. This includes collection fees and costs incurred by the Owner in collecting payment of any amount due under this agreement.

FORCE MAJEURE

The Owner shall be liable for any failure or delay in performance of any obligation under this agreement, if the failure or delay in performance is due to any cause beyond our reasonable control, including, but not limited to electronic or communication failures, electrical outages, network failures, pandemics, floods, acts of God, or other similar or different occurrences beyond the reasonable control the Owner. Force majeure events shall not include a party’s financial inability to perform its obligations under this agreement.

PROHIBITED USE

You acknowledge that the Membership and any connected third party sites are to be used for the purposes intended above and not for any unlawful purpose or any purpose prohibited by the terms of this Agreement. The Owner reserves the right to terminate your access to the Membership without notice if your use has not been in accordance with the terms of this Agreement. This includes transmission of any viruses, worms or other destructive codes.

The Membership is intended solely for users who are eighteen (18) years of age or older. Your purchase and use of this Membership is your representation that you are at least 18 years of age.

INDEMNIFICATION

You acknowledge and agree to indemnify and hold the Owner harmless, including costs and attorneys’ fees, from any damages, losses, liabilities, costs, claim or demand made against you due to or arising out of your use of the Membership or your violation of this Agreement; any infringement of third party rights by you arising out of your use of the Membership, such as any intellectual property or other rights of any person or entity arising out of or related to any Memberships or services purchased by you in connection with the Membership or offered by a third party through the Membership.

NO WARRANTY

The Membership is provided “as is” and without any warranty of any kind, express or implied. The Owner does not warrant or represent that the Membership to always be complete, free from errors or omissions, accurate, or up-to-date at all times.

SEVERABILITY

If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in full force and effect.

NOTICE

Any notice, demand or other communication shall be delivered in writing to:
Daisy Made
5023 Carfax Ave.
Lakewood, CA 90713
hellodaisymade@gmail.com

WAIVER

You acknowledge and agree that the failure of the Owner to enforce any provision of this Agreement shall not be deemed a waiver of the Owner’s rights under this Agreement to subsequently enforce any provision of this Agreement.

GOVERNING LAW

This Agreement is governed by the laws of CALIFORNIA. By purchasing our Memberships/services, you agree that any and all disputes arising out of or in connection with this Agreement shall be brought exclusively in CALIFORNIA, to the exclusion of all other courts of any jurisdiction in any other state or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.

HEADINGS

The headings used in this agreement are for convenience and reference purposes only and shall not affect the construction or interpretation of this agreement.

ENTIRE AGREEMENT

You acknowledge and agree that this Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.