Terms of Service

Welcome to Creator Shop LLC and/or its respective affiliates (collectively referred to as "Creator Shop"). Creator Shop provides website features, access to third-party products, and services to you when you visit or shop at http://timotechanut.com/, use Creator Shop products or services, use Creator Shop applications for mobile, or use software provided by Creator Shop in connection with any of the foregoing (collectively, "Creator Shop Services"). Creator Shop provides these services subject to the following conditions.

The “YWS Creator Program” is a digital program offered by Creator Shop LLC (“we,” “our,” or “Creator Shop”). Any reference to “our services,” “products,” “program,” or “digital course” throughout these Terms specifically includes the YWS Creator Program.

Agreeing to These Terms & Conditions

We offer a range of services depending on your needs. Individuals come to Creator Shop to both post and purchase content. A majority of these Terms and Conditions will apply to both individuals and suppliers. In some cases, the responsibilities of individuals purchasing content and suppliers providing content vary. If these Terms and Conditions are inconsistent with specific Service Terms, those Service Terms will apply.

IMPORTANT - PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE 'TERMS') BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER http://timotechanut.com/ OR OTHER OF OUR SITES OR ONLINE RESOURCES WHICH LINK TO THESE TERMS.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 10, 14, 15, AND 16). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

General Use

The use of Creator Shop or other sites or online resources to which these Terms are linked (each, a "Website"), owned and maintained by Creator Shop LLC ("Creator Shop," "we," "our," "us"), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

This includes, but is not limited to, access to the YWS Creator Program and its associated materials, provided via our learning platform.

By using the Website, you also consent to receive transactional messages related to your account, orders, or services you have requested. These messages may include appointment reminders, order confirmations, and account notifications, among others. Message frequency may vary. Message & Data rates may apply. Reply HELP for help or STOP to opt-out. Additionally, you consent to receive marketing and promotional messages, including special offers, discounts, and new product updates, among others. Message frequency may vary. Message & Data rates may apply. Reply HELP for help or STOP to opt-out.

THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (THE "AGREEMENT") BETWEEN YOU AND YOUR BUSINESS ("YOU") AND CREATOR SHOP. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY CREATOR SHOP, ANY ORDER YOU PLACE THROUGH THE WEBSITE OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Creator Shop reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms here. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.

Table of Contents

SECTION 1 - Website Use

The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

SECTION 2 - Website User Conduct and Restrictions License Terms

All aspects of our Website, including the content associated with the YWS Creator Program hosted at https://timotechanut.com, are protected by U.S. and international copyright, trademark, and other intellectual property laws. This includes—but is not limited to—all content, information, design elements, text, logos, taglines, metatags, hashtags, images, testimonials, personal stories, icons, video and audio clips, course materials, and downloadable resources.

No material on the Website or inside the YWS Creator Program may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever without express written permission. The Creator Shop trademark and logo are proprietary marks of Creator Shop LLC, and the use of those marks is strictly prohibited. Nothing in these Terms grants you the right to use, copy, register as a domain name, reproduce, or display any trademark, logo, copyrighted material, trade name, trade dress, trade secret, or confidential information owned by Creator Shop.

Subject to your continued compliance with all Terms, Creator Shop LLC provides you with a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to access and use the Website and the YWS Creator Program content for your personal, non-commercial business development only. You do not acquire any ownership rights in any material protected by intellectual property laws.

If you purchase access to the YWS Creator Program, you are granted a license to view and use the program materials through our learning platform (currently Skool). You acknowledge and agree that:

1. The program materials are copyrighted under U.S. and international law and are exclusively owned by Creator Shop LLC.

2. You do not acquire any ownership rights in these materials.

3. You may not modify, publish, transmit, sell, or create derivative works from any content.

4. You may not copy, redistribute, publish, display, or commercially exploit any program material without our express written permission.

5. In the event of any permitted download (e.g., for personal offline use), no changes to author attribution, trademark, legend, or copyright notices shall be made.

You also agree not to use the Website or program materials in any unlawful, unethical, or harmful way, including but not limited to:

● Harmful Acts: Any dishonest or unethical practice; any violation of the law; infliction of harm to Creator Shop’s reputation; hacking or attacks on the Website; scraping, crawling, screen-grabbing, or copying content; introducing malicious code; interfering with website security or operation; infringing another party’s intellectual property; data interception; or any actions that violate the rights of Creator Shop or any third party.

● Spamming and Unsolicited Communications: We have zero tolerance for spam. Any unsolicited communications, including social media solicitations or unauthorized outreach, will be deemed a violation of these Terms and a threat to Creator Shop’s reputation.

● Offensive Communications: You may not post or share content that is obscene, vulgar, pornographic, threatening, harmful, defamatory, libelous, harassing, discriminatory, or graphically violent.

● Sensitive Information: You may not upload or store sensitive data such as Social Security numbers, credit card information, banking details, passwords, or protected health information.

Violation of these Terms may result in the suspension or termination of your access to the YWS Creator Program and any other services provided by Creator Shop LLC.

SECTION 3 - Our Privacy Statement and Your Personal Information

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement. Our Privacy Statement may be viewed here. Creator Shop reserves the right to modify its Privacy Statement in its reasonable discretion from time to time. Our Privacy Statement is incorporated into this Agreement by reference.

SECTION 4 - Information You Provide; Registration; Passwords

To access the YWS Creator Program, you will be required to create a user account through our website or learning platform. You agree that all information you provide to us during registration is truthful, accurate, and current, and that you are not impersonating another person or misrepresenting your identity.

You are responsible for maintaining the confidentiality of your login credentials, including any password used to access your account. You may not share, transfer, or lend your password, username, or account access to any third party.

You are solely responsible for all activity under your account, including communications, course progress, and any personal or business information accessed or submitted. This includes, but is not limited to, technical data, pricing information, and any non-public content you may access as part of the YWS Creator Program or through interaction with other Creator Shop users.

Misuse of your account—such as unauthorized sharing or access—may result in suspension or termination of your access to the program.

SECTION 5 - Order Placement and Acceptance

If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at [email protected] in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.

All advertised prices are in, and all payments shall be in, U.S. Dollars.

All charges are in U.S. Dollars. We accept U.S.-issued credit and debit cards from Visa, MasterCard, American Express, and Discover.

When placing an order online, you will need:

● The address the card’s statement is sent to (billing address);

● The card number and expiration date; and

● The three (3) or four (4) digit code found only on the card (CVV2 code).

By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) if you choose a subscription-based purchase, that you will pay all payments for your subscriptions by the date due; (iii) all payment information provided is complete and accurate; (iv) you will be responsible for any credit card fees; and (v) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your subscription(s) if you signed up for subscription(s). Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

SECTION 6 - Refunds & Bonuses

The YWS Creator Program, a digital course offered by Creator Shop LLC, is subject to a seven (7) day right of rescission, during which buyer may cancel or request a refund by contacting our support team at [email protected]. This period begins on the date of your initial payment.

For any Clients who have received a free credit or bonus with any special or promotional offer and have already used that credit or bonus, Creator Shop reserves the right to refuse the 7-day right to cancel the transaction. All cancellation or refund requests must be in writing via email to [email protected]. If approved, Creator Shop will retain a 5% processing fee to cover administrative and payment platform costs.

Refunds will not be granted due to lack of participation. Once access is granted to the Program, services are considered delivered in full. Clients are responsible for engaging with the content and utilizing the materials provided.

SECTION 7 - Subscription Terms and Automatic Payments

Enrollment in the YWS Creator Program, operated by Creator Shop LLC, requires full payment at the time of registration unless otherwise stated in your offer or agreement. Once payment is received, you will be granted full access to all program content and materials.

Payment is processed securely via credit card, debit card, or another approved payment method. When making a purchase, you agree that we may store basic transaction data (such as the last four digits and expiration date of your card) for record-keeping and recurring billing purposes, if applicable.

If you are enrolled in a payment plan or subscription-based add-on, you authorize Creator Shop LLC to charge your selected payment method according to the agreed-upon schedule (e.g., monthly or biweekly), until the full balance is paid or the plan is canceled according to the terms of your agreement.

Failure to access or engage with the YWS Creator Program does not relieve you of your payment obligations.

If your payment is declined, late, or incomplete, we reserve the right to suspend or terminate your access to the Program. You remain responsible for any outstanding amounts and agree to cover any applicable collection costs, including legal fees, if necessary.

To cancel a subscription-based service (if applicable), email [email protected] at least 10 days before your next billing cycle. Cancellation requests submitted late may result in additional charges for the next scheduled billing cycle.

SECTION 8 - Shipping Fees

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the email address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.

SECTION 9 - Products, Services, and Prices

Products, services, and pricing details are generally listed on our website: https://timotechanut.com, and are subject to change at any time. Creator Shop LLC reserves the right, without notice, to update, modify, or discontinue any products or services, including the YWS Creator Program, without incurring any obligation to you.

Except as otherwise expressly provided in these Terms, any price changes to products or services you have purchased will take effect after we notify you by email. Unless you cancel or opt out of the service in accordance with these Terms, your continued use or participation in the program will constitute acceptance of the updated pricing.

If you are enrolled in a subscription or payment plan, you authorize Creator Shop LLC to charge your selected payment method for the agreed amount on a recurring basis, including any applicable price changes following notice.

Creator Shop takes reasonable steps to ensure all pricing, descriptions, and service offerings on the website are accurate. However, if the correct price of a product or service is higher than the one listed, we reserve the right to either contact you for approval or cancel the order and notify you.

Descriptions of, or references to, products or services not owned by Creator Shop LLC are not to be taken as endorsements or guarantees.

Digital Service Delivery Definition

Access to the YWS Creator Program is considered complete and delivered once full access to the program’s digital content is granted via our designated platform (currently Skool). This includes training modules, tools, and any available resources. Creator Shop’s obligation is fully satisfied at the time of access. Clients are responsible for their own participation and implementation. Non-engagement does not entitle a Client to a refund or imply incomplete delivery of service.

SECTION 10 - Disclaimer - Your Individual Results Will Vary

Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.

YWS Creator Program does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that Creator Shop LLC will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our products or services will receive access to our tools and services. However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business.

Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, "get rich quick" program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation.

Instead, you should purchase with the understanding that using the information and tools purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.

Once access is granted to the YWS Creator Program, Client acknowledges full delivery of the service. Non-engagement or failure to complete the content does not constitute non-delivery or grounds for a refund. Creator Shop LLC is not liable for the Client’s progress, performance, or business results after program access is provided.

SECTION 11 - Your Responsibilities in Running Your Business

You represent and warrant that you operate a business in good-standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Creator Shop’s products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business.

You agree to notify Creator Shop if any investigation or lawsuit is threatened or filed against you, whereupon Creator Shop shall have the right to terminate this Agreement without liability. Creator Shop shall have no liability for your violation of any laws.

You are solely and exclusively responsible for collecting and reporting all sales and use tax, and any other taxes, which may apply to sales of products or services by your business. Creator Shop shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business.

You agree to indemnify Creator Shop as set out below in the event that you and/or your business violates any law and a claim is threatened or asserted against Creator Shop as a result.

SECTION 12 - Testimonials, Reviews, and Pictures/Videos

Creator Shop is pleased to hear from users and customers and welcomes your comments regarding our services and products. Creator Shop may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Creator Shop services or products, in printed and online media, as Creator Shop determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. As set forth above in Section 10, your results will vary depending upon a variety of factors unique to and beyond Creator Shop’s control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Creator Shop a royalty-free, worldwide, perpetual, nonexclusive and irrevocable license to use them.

Additionally, Creator Shop reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Creator Shop shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Creator Shop reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Creator Shop a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Creator Shop and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Creator Shop for all claims resulting from content you supply. Creator Shop has the right but not the obligation to monitor and edit or remove any activity or content. Creator Shop takes no responsibility and assumes no liability for any content posted by you or any third party.

SECTION 13 - Compliance with the Laws, Including Commitment Against Harassment and Interference with Others ("Targeting")

As a Creator Shop user, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.

If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Creator Shop from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Creator Shop relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether provided by Creator Shop. You further understand and agree that Creator Shop has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. CREATOR SHOP DOES NOT WARRANT THAT ANY CREATOR SHOP MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.

COMMITMENT AGAINST TARGETING AND HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.

SECTION 14 - Disclaimers of Other Warranties

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW: THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" 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. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 15 - Limitations of Liabilities

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL CREATOR SHOP OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER CREATOR SHOP HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

SECTION 16 - Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected] to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association ("AAA"), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 17 and 18 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Albuquerque, New Mexico, unless we both agree to conduct the arbitration by written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Creator Shop.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. The arbitrator shall follow the substantive law of the State of New Mexico without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and Creator Shop agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Creator Shop expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1-year period includes the 120-day informal resolution procedures described above). This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.

This provision survives termination of your account or relationship with Creator Shop, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

SECTION 17 - Creator Shop’s Additional Remedies

In order to prevent or limit irreparable injury to Creator Shop, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Creator Shop or a third-party, Creator Shop shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Albuquerque, New Mexico restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Creator Shop from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts governing Albuquerque, New Mexico for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

SECTION 18 - Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Creator Shop, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

SECTION 19 - Notice and Takedown Procedures; Digital Millennium Copyright Act

If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Creator Shop a notice requesting that Creator Shop remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Creator Shop a counter-notice. Notices and counter-notices should be sent to Creator Shop, Attention Legal Department, by email to [email protected]. These Terms fully incorporate by reference the DMCA Policy.

SECTION 20 - Third-Party Links

The Website may contain links to other websites. The views, information or opinions expressed on or during any Creator Shop or otherwise publicized on our online and mobile resources are solely those of the creating authors or contributors and not those of Creator Shop LLC or either of its parent companies. Further, Creator Shop LLC is not responsible for and does not verify the accuracy of any of the information contained in any Creator Shop or content. The primary purpose of these resources is to educate, inspire and inform. Some authors’ or contributors’ content may discuss strategies and methods for earning income in business, and you should feel free to reach out to those authors or contributors about their proof that such strategies and methods work. Creator Shop assumes no responsibility for the content or functionality of any non-Creator Shop website to which we provide a link. Please see our Privacy Statement for more details.

SECTION 21 - Termination

This Agreement will take effect (or shall re-take effect) at the time you click "ACTIVATE MY ACCOUNT NOW," "PAY NOW," "ORDER NOW", "SUBMIT", "BUY NOW", "PURCHASE", "I ACCEPT", "I AGREE" or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Creator Shop or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 10, 18, 20 through 30 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Creator Shop. Upon termination, you remain responsible for any outstanding payments to Creator Shop.

SECTION 22 - No Waiver

No failure or delay on the part of Creator Shop in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Creator Shop.

SECTION 23 - Governing Law and Venue

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement or any matter concerning Creator Shop, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of New Mexico without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 16 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Albuquerque, New Mexico, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, nonrepresentative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

SECTION 24 - Force Majeure

Creator Shop will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.

SECTION 25 - Assignment

Creator Shop may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Creator Shop (or its assigns’) express written consent.

SECTION 26 - Electronic Signature

All information communicated on the Website is considered an electronic communication. When you communicate with Creator Shop through or on the Website or via other forms of electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

SECTION 27 - Changes To The Agreement

You can review the most current version of the Terms at any time here. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement located at Privacy Statement by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.

SECTION 28 - Your Additional Representations and Warranties

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Creator Shop has the right to rely upon all information provided to Creator Shop by you, and Creator Shop may contact you and your business by email or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to you, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Creator Shop of the same within 24 hours. Creator Shop, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Creator Shop without incurring any obligation or liability to you.

SECTION 29 - Severability

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 30 - Entire Agreement

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Creator Shop and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Creator Shop. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 31 - Contacting Us

We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an email to [email protected]. If you have any questions or inquiries concerning any of the Terms, you may contact Creator Shop by email at [email protected]