Bundle Terms & Conditions

THE ULTIMATE INSTAGRAM BUNDLE TERMS OF SERVICE

REFUND POLICY
Due to the digital nature of our products and services, Ellen Yin Media LLC WILL NOT offer any refunds or returns for any products or services sold for any reason. If you have any questions about your purchase of The Ultimate Instagram Bundle, please send an email to bundle@ellenyin.com and we will be happy to assist you.

PLEASE READ THESE TERMS OF SERVICE (the “Terms” or “Agreement”) CAREFULLY BEFORE PURCHASING THE ULTIMATE INSTAGRAM BUNDLE (the “Bundle”) ON ELLENYIN.COM (the “Site”). THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

These Terms shall constitute a full, complete and legally binding agreement between you and Ellen Yin Media LLC, an Oregon Limited Liability Company. (“Company”). By purchasing a license in and to the Bundle, you agree to be bound by, and comply with, all the terms and conditions hereof. Such terms and conditions are set forth as follows:

Terms of Sale

The following terms apply to your purchase of a personal, non-refundable, non-exclusive, non transferable license to access the Bundle from Company.

(A) Course and Bundle Description. Company tries to make the Site thorough, accurate, and helpful to Company customers such as yourself. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware, software, or other technology that you use. Company reserves the right to correct errors (whether by changing information on the Site or by informing you of the error, in Company’s sole discretion) or to update the Bundle information at any time without notice. Descriptions or images of, or references to, the Bundle on the Site do not imply Company’s endorsement of the same. Company reserves the right, with or without prior notice, to: change descriptions of, or references to, the Bundle; limit the availability of the Bundle; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotion related to the Bundle; and/or refuse to provide any visitor to, or use of the Site with the Bundle, or any other product or service.

(B) Availability and Pricing. Availability of the Bundle may be limited and may not always be guaranteed. If the Bundle become unavailable for any reason other than as a result of Company’s termination of your rights to access the same, Company will attempt to remove such items from the Site in a timely manner but makes no guarantees in this regard. The Bundle’s price on the Site is quoted in U.S. dollars.

(C) Purchasing the Bundle. Your purchase of the Bundle constitutes your acceptance thereof. You will have six (6) months from purchase of the Bundle to redeem the individual courses and products contained within the Bundle from the individual contributors' respective websites. Any failure on your part to create a username and password to login, enroll and access the products within the Bundle within six (6) months from the purchase thereof will not entitle you to any refund or credit for such purchase.

(D) Orders. Company has the right to refuse any effort to purchase of the Bundle. Company will not be liable if the Bundle on the Site is unavailable or if delivery is delayed. All orders are non-cancelable and non-refundable; Company may grant or deny cancellation requests in its sole and absolute discretion.

(E) Payment. Company uses a third-party payment processor (the “Payment Processor”) to bill you purchase of the Bundle. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Company is not responsible for error by the Payment Processor. By choosing to purchase the Bundle, you agree to pay Company, through the Payment Processor, all charges at the prices then in effect for such purchase in accordance with the applicable payment terms and you authorize Company, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If Company, through the Payment Processor, does not receive payment from you, you agree to pay all amounts due immediately upon demand, or Company may cancel your access to the Bundle. Completion of a payment transaction is contingent upon: (a) your providing complete transaction and any other information needed, (b) authorization of the payment by your Payment Method, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to Company. Company may, in its sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. Company may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Site in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Site in breach of these Terms; (iii) if Company suspects fraudulent, unlawful or improper activity regarding a payment; or (iv) if Company detects, in its sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses.

(F) Taxes. The Bundle’s stated price does not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. Company has the right to charge you for any taxes that Company is required to pay or in fact collect related to your purchase.

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. Company owns one or more copyrights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or otherwise obtaining any access to copyrighted material.

Third Party Content

By way of its license of the Bundle, Company is a distributor (and not a publisher or creator) of content supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Company. Neither Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Company is not responsible for any actions or inaction on your part based on the information that is presented via the Bundle. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available via the Bundle. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Disclaimer of Warranty; Limitation of Liability and Time Limitation for Claims

(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE AND/OR PURCHASE OF THE BUNDLE IS AT YOUR SOLE RISK. NEITHER COMPANY, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE AND/OR BUNDLE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND/OR BUNDLE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,

SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE AND/OR BUNDLE.

(B) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY ASSETS AVAILABLE THROUGH IT SUCH AS THE BUNDLE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.

(C) THE SITE AND/OR BUNDLE MAY PROVIDE INFORMATION THAT IS DESIGNED FOR EDUCATIONAL AND/OR INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY PROFESSIONAL ADVICE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL ADVICE. COMPANY IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON YOUR OR ANY THIRD PARTY’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE.

(D) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE AND/OR PURCHASE OF THE BUNDLE, OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITE AND/OR BUNDLE, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF COMPANY OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY

ACKNOWLEDGE THAT COMPANY AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF PURCHASERS OF THE BUNDLE OR ANY OTHER THIRD PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

(E) COMPANY DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE AND/OR PURCHASING THE BUNDLE, YOU ACKNOWLEDGE AND AGREE TO COMPANY’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR THE SITE OR PURCHASE THE BUNDLE.

(F) TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SITE AND/OR PURCHASE OF THE BUNDLE, THESE TERMS OF USE, OR THE RELATIONSHIP BETWEEN COMPANY AND YOU, MUST BE COMMENCED WITHIN SIX MONTHS OF THE RELEVANT EVENTS. A DISPUTE IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NON-ARBITRABLE, A COURT WITH JURISDICTION, DURING THE SIX MONTH PERIOD. IF YOU OR WE PROVIDE NOTICE OF A DISPUTE PURSUANT TO THE TERMS HEREUNDER, THE SIX MONTH PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE. YOU AND WE EACH WAIVE—THAT IS, GIVE UP—THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN SIX MONTHS AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED.

Indemnification

You agree to defend, indemnify and hold harmless Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site and/or purchase of the Bundle by you. Company reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Company with such cooperation as is reasonably requested by Company.

Termination

Company may terminate or suspend these Terms and/or your access to and use of the Bundle at any time without notice to you. Without limiting the foregoing, your access to and use of the Bundle shall immediately terminate in the event that you share your access information regarding your copy of the Bundle with any third party, or you otherwise breach any of these Terms. All of the provisions of these Terms intended to survive termination shall survive termination of these Terms

Trademarks

Company, its parent, subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site and/or the Bundle. All other logos and trademarks appearing on the Site and/or Bundle are the property of their respective owners.

Governing Law; Venue

The content, data, video, and all other material and features on the Site, as well as the content of the Bundle, are presented for the purpose of providing information that is or may become available in the United States, its territories, possessions, and protectorates.

Any and all disputes, claims and controversies arising out of or in connection with your access to, use of the Sites and/or the provision of content, services, and/or technology on or through the Sites, and/or your purchase and/or use of the Bundle, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Oregon applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of law provisions, except to the extent that law is inconsistent with or preempted by federal law. To the extent that a dispute is not subject to arbitration hereunder, such action shall be brought in the appropriate state or federal court located in Marion County, Oregon; and we both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Marion County, Oregon for the adjudication of all non-arbitral claims.

Severability

Except as otherwise specified herein, if any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions hereof.

Dispute Resolution

Any controversy or claim arising out of or relating to these Terms shall be settled by arbitration in accordance with the Rules of the American Arbitration Association. The Parties select expedited arbitration using one arbitrator as the sole forum for the resolution of any dispute between them. The venue for arbitration shall be Salem, Oregon. The arbitrator may make any interim order, decision, determination, or award he or she deems necessary to preserve the status quo until he or she is able to render a final, order, decision, determination or award. The determination of the arbitrator in such a proceeding shall be final, binding and non-appealable. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to reimbursement for costs and reasonable attorneys’ fees.

Notice

Any notice given to Company under these Terms shall be given by you via email to [email protected] during Company’s regular business hours of 9:00 a.m. to 5:00 p.m. Pacific Standard Time, Monday through Friday, and is effective only upon receipt by Company.

Miscellaneous

These Terms and any operating rules for the Site established by Company constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of Company, its parent, subsidiaries, other affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. If you access the Site and/or purchase the Bundle from any location other than the United States, you accept full responsibility for compliance with all local laws. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Except as explicitly provided herein, if any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. These Terms are personal to you and may not be assigned either in whole or in part by you without Company’s express written consent. These Terms shall not be interpreted or construed to create any association, agency, joint venture or partnership between Company and you or to impose any liability attributable to such a relationship upon Company. The section headings used herein are for convenience only and shall not be given any legal import.

Neither Company nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion, pandemic, or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Personal Information

By purchasing the Bundle, you consent to Company’s collection, use and disclosure of personal information (a) to respond to any inquiry by you, or to otherwise contact you regarding information related to the Bundle; (b) enable Company and Company's third parties to communicate with you; (c) inform you about a new Bundle offerings; (d) protect against, identify and help prevent fraud, unauthorized activity, claims and other liabilities; and (e) fulfill Company’s legal and financial obligations in connection with Company’s sale of the bundle.

Company will not rent or sell to others any personal information obtained by you via your purchase of the Bundle and/or establishment of a username and password to login, enroll and access the Bundle. However, Company may share some or all of any such personal information with third parties (such as hosting providers, payment processors, database providers, customer support providers) as well as with Company’s content partners who have contributed to the creation of the Bundle. If we do this, such third parties’ will be contractually bound to safeguard your Personal Information.

Company collects personal data and stores it securely. Company protects your personal data that it collects and stores by implementing administrative, technical and/or physical security measures. These measures ensure an appropriate level of security and confidentiality for your personal data. Company retains your personal data for as long as needed for the purposes for which such information was collected, plus a reasonable period of time thereafter to take into account the applicable statute of limitation period or to comply with legal requirements. To the extent Company transfers your personal data, Company will comply with all applicable legal requirements necessary for the adequate protection for transfer of such personal data.

By purchasing the Bundle and providing your email address to establish a username and password to login, enroll and access the Bundle, you consent to the use of such email address to send you Bundle-related notices, changes to or updates in the Bundle, and/or other special offers.

Copyrights and Copyright Agent

Company respects the rights of all copyright holders and in this regard, Company has adopted and implemented a policy that provides for the removal of content that infringes the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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