Terms of Service
Effective Date: 7 February, 2025
Welcome to MOLLY DONLAN LLC ("we," "us," "our"). By accessing or using our services (the "Services"), you agree to comply with and be bound by these Terms of Service (the "Agreement"). Please read these Terms carefully. If you do not agree to these Terms, do not access or use our Services.
1. Acceptance of Terms
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms of Service.
2. Registration and Account
To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account details updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3. Use of Services
You may use the Services solely for personal, non-commercial purposes, subject to the restrictions and limitations set forth in these Terms. Any unauthorized use of the Services is prohibited.
4. Payment and Refunds
By purchasing access to our Services, you agree to pay all applicable fees as outlined during the checkout process. All payments are processed securely.
No Refunds
Once a payment is made for access to our course or other services, no refunds will be issued. This is a final sale, and by completing your purchase, you acknowledge and agree that you are not entitled to a refund, in full or in part, under any circumstances.
Payment Plan and Access Revocation
If you are enrolled in a payment plan and fail to make any scheduled payments, your access to the Services will be suspended or revoked until the outstanding balance is paid in full. If payments are not brought up to date within a reasonable period of time, your access to the Content will be permanently removed, and no further access will be granted, even if the remaining balance is paid at a later date.
By agreeing to the payment plan, you understand and accept that failure to meet payment deadlines will result in loss of access to the course or content without a refund.
5. Intellectual Property & Content Protection
1. Ownership of Content
All content provided through our Services, including but not limited to courses, videos, PDFs, written materials, audio files, and any other instructional materials ("Content"), is the exclusive intellectual property of [Your Business Name] and is protected by copyright, trademark, and other applicable intellectual property laws. By purchasing or accessing our Content, you are granted a limited, non-exclusive, non-transferable, revocable license for personal, non-commercial use only. You do not acquire any ownership rights by purchasing or accessing the Content.
2. Restrictions on Use
You may not:
Copy, reproduce, distribute, republish, or modify the Content in any form without express written permission.
Share, resell, sublicense, or make the Content available to third parties, including through file-sharing platforms, social media, or private groups.
Claim authorship or falsely represent any Content as your own.
Use the Content to create competing courses, products, or services.
Violation of these terms may result in immediate termination of access to the Content without refund and may also lead to legal action, including but not limited to claims for damages, injunctive relief, and statutory penalties.
3. Digital Millennium Copyright Act (DMCA) Policy
If you believe that any of your intellectual property rights have been infringed, or if you discover that our Content is being shared or sold without authorization, you may submit a DMCA takedown request by contacting us at molly@mollydonlan.com with the following information:
A detailed description of the copyrighted content that has been infringed.
The specific location (URL or platform) where the unauthorized content appears.
A statement that you have a good faith belief that the use is unauthorized.
Your contact information, including full name, address, phone number, and email.
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner.
We will take prompt action to investigate and, if necessary, remove the infringing content.
6. Warranty and Disclaimers
A. No Special Relationship
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
i. Which users gain access to the Services;
ii. What Content you access via the Services; or
iii. How you may interpret or use the Content.
B. No Liability for Content
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
C. AS-IS Content and Services
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:
(i) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(ii) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(iii) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(iv) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
7. Indemnification
You agree to defend, indemnify, and hold harmless [Your Business Name], its affiliates, and each of our and their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of the Services, your violation of these Terms of Service, or any infringement by you of any intellectual property or other rights of any person or entity.
8. Arbitration and Class Action Waiver
Please review our Arbitration Clause and Class Action Waiver carefully. You agree to resolve all disputes with us through binding individual arbitration, and you waive your right to participate in class actions.
9. Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING), OR FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE PREVIOUS THREE MONTH PERIOD OR (B) $500.00.
10. Governing Law and Jurisdiction
These Terms of Service shall be governed by the laws of the State of New York. You agree that any dispute will be resolved in the exclusive jurisdiction of the state and federal courts of New York County, New York.
11. Modifications to Terms
We reserve the right to modify or replace these Terms of Service, at our discretion, by posting notice on the Site or via email. Your continued use of the Services after notification constitutes acceptance of any changes.
12. Miscellaneous
Entire Agreement: These Terms of Service constitute the entire agreement between you and us with respect to the Services.
Force Majeure: We are not liable for any failure to perform our obligations due to causes beyond our control.
Assignment: These Terms are personal to you and may not be assigned without our written consent.
Notices: All notices will be sent electronically or to the physical address provided during registration.
Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.
13. Contact Information
You can contact us at:
Molly Donlan LLC
molly@mollydonlan.com
PO BOX 2107
Biddeford, ME 04005
Effective Date of Terms of Service: 7 February, 2025