PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING.
By using the website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Michelle Cocke and There She Is (which includes stan.store/MichelleCocke, among others) (collectively the "Site"), is subject to the following terms and conditions ("Terms of Use") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing (collectively the "Content"), are maintained for your use and information by There She Is (the "Company") and are the property of the Company and/or its third party providers. Company Content includes all proprietary videos, HTML/CSS, Javascript, graphics, voice and sound recordings, artwork, photos, documents, and text, as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, and use the Site. Except as expressly permitted in Section 2 (Product License), no Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for public or commercial purposes without the Company's express written permission. Any other use of the Content is a violation of the copyright and other proprietary rights of the Company and other authors who created the materials, and may be subject to monetary damages and penalties.
Product License. When you purchase the Soft Reels Pack or any other digital product from the Company, you receive a personal, non-exclusive, non-transferable license to edit and post the videos on your own social media accounts and in your own business content, including for commercial purposes such as promoting your own products or services. You may not resell, share, give away, or redistribute the videos, the Canva template links, or the product itself, in whole or in part, or claim them as your own product. Sharing your access links with others is a violation of these Terms.
All Content, such as text, data, graphics files, videos, sound files, and other materials contained in the Site, is copyrighted unless otherwise noted and is the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
All trade names, trademarks, images, and biographical information of people used in the Company Content and contained in the Site are either the property of, or used with permission by, the Company. Use of Content by you is prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity and other regulations and statutes. Nothing in this Agreement or on the Site grants, by implication or otherwise, any license or right to use any trademark or other proprietary information without the express written consent of the Company or the third party owner. The Company respects the copyright, trademark, and all other intellectual property rights of others. The Company has the right, but no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party's intellectual property or these Terms of Use. If you believe your intellectual property rights are being violated, or that any work belonging to you has been reproduced on the Site or in any Content, you may notify the Company at [your email]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
While the Company uses reasonable efforts to include accurate and up-to-date information on the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
When you register with or purchase from the Company and/or this Site, you consent to receive notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, and other records or correspondence from the Company electronically by email.
If you send comments or suggestions about the Site to the Company, including notes, text, drawings, images, designs, or computer programs, those submissions shall become and remain the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to such submissions, including intellectual property rights, and may use, publish, and distribute them for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Company uses commercially reasonable efforts to restrict unauthorized access to its data and files. However, no system, password protected or not, can be entirely impenetrable. You acknowledge that an unauthorized third party may be able to access, view, copy, modify, or distribute data and files you store using the Site. Use of the Site is at your own risk.
The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company's Privacy Policy. If you do not agree with the Privacy Policy, in whole or in part, please do not use this Site.
NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. ALL CONTENT ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE, THE RESULTS OF THEIR USE, THEIR SUITABILITY FOR ANY USER'S NEEDS, OR THEIR CORRECTNESS, ACCURACY, OR RELIABILITY. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT YOU WILL EARN ANY MONEY OR GAIN ANY FOLLOWERS USING THE COMPANY'S PRODUCTS. YOU ACCEPT ALL RESPONSIBILITY FOR YOUR OWN RESULTS, WHICH DEPEND ON YOUR OWN PRODUCTS, IDEAS, EXECUTION, TIME, FINANCES, KNOWLEDGE, AND SKILL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ITS MATERIALS ARE FREE FROM BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR SERVICE PROVIDER (INCLUDING, FOR EXAMPLE, YOUR INTERNET PROVIDER, STAN, CANVA, STRIPE, PAYPAL, OR YOUR SOFTWARE AND ITS UPDATES). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT, OR TO TERMINATE YOUR ACCESS, IF THE COMPANY DETERMINES THAT YOU HAVE VIOLATED THESE TERMS OF USE. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR ITS CONTENT, PRODUCTS, AND SERVICES TO ANYONE IN ITS SOLE DISCRETION. DUE TO THE NATURE OF DIGITAL PRODUCTS, NO REFUNDS ARE OFFERED.
You agree to pay for all products you purchase through the Company and to provide a valid payment method. ALL SALES ARE FINAL. Prices may change at any time, and the Company does not provide price protection or refunds in the event of a price reduction or promotional offer. If a product becomes unavailable after purchase but before you can access it, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your sole remedy is either replacement or a refund of the price paid, as determined by the Company. For help accessing your purchase, contact [your email].
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROPERTY, EQUIPMENT, INFORMATION, OR DATA, LOSS OF PROFITS, REVENUE, OR GOODWILL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS, ARISING FROM ANY DEFECT IN THE SITE OR CONTENT, THE INABILITY TO USE THE SITE OR PRODUCTS, OR ANY OTHER CAUSE, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless the Company and its owners, employees, and agents from any and all liabilities, claims, damages, and expenses, including reasonable attorney's fees, arising out of or relating to (i) your breach of these Terms, (ii) any violation by you of law or the rights of any third party, (iii) any content you post or share using the Company's products, (iv) your use of the Site or its products, and (v) your conduct in connection with the Site. The Company reserves the right to assume the exclusive defense of any claim for which it is entitled to indemnification, and you agree to cooperate as reasonably requested.
The provisions of these Terms of Use are for the benefit of the Company, its affiliates, and its third party content providers and licensors, and each shall have the right to enforce these provisions directly or on its own behalf.
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict of law principles. You submit to the exclusive jurisdiction of the state and federal courts located in Pierce County, Washington. If any provision of these Terms is found unlawful, void, or unenforceable, that provision shall be severed and shall not affect the validity and enforceability of the remaining provisions.
These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should periodically visit this page to review the current Terms.
