TERMS AND CONDITIONS | Alex Kincaid Art

TERMS AND CONDITIONS OF USE

Terms and Conditions of Use for Alex Kincaid Art, LLC

Last Updated on September 2024

NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read

these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our

products, including online courses or online educational material. .

GENERAL PROVISIONS

This website is owned and operated by Alex Kincaid Art, LLC, a Texas based Company.

You must be at least sixteen years of age to use Our website. Use of this website is at Your own

risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host

the site. However, We make no explicit representations or warranties as to the safety of Your

individual use of the website. The Terms and Conditions contained on this page are subject to

change at any time.

INTELLECTUAL PROPERTY NOTICE

All images, text, designs, graphics, trademarks, and service marks are owned by and property

of Alex Kincaid Art, LLC, or the properly attributed party. It is a violation of federal law to use any

of Our intellectual property in whole or in part, and modification of any materials contained on

this site is illegal and may be prosecuted to the fullest extent permissible should We choose to

do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop

using Our intellectual property immediately.

You may NOT use Our intellectual property in any way, which includes republishing any text,

image, design, or other property on another website, or posting a quote or image from Our site

to any third-party website including social media. We have spent a great deal of time and money

building the intellectual property located on this site and in order to maintain the integrity of it,

We cannot allow any third party use.

Unauthorized reproduction, duplication, copying, sale, resale, exploitation, or online/in-person teaching of Alex Kincaid Art, LLC digital courses or educational material is strictly prohibited. All content, materials, and intellectual property contained within these courses are protected by copyright law. Access to these courses is granted solely for the individual purchaser's personal, non-commercial use.

Copyright Policy: The artworks, techniques, and training in Alex Kincaid Art, LLC courses are for your personal artwork and creative growth and may not be reproduced or copied in any way for commercial purposes. You may not teach proprietary information in class, online, in person, or by written article without express written permission from the Artist, Alexandria Kincaid. All materials and content are not for commercial reproduction, resale or redistribution.

SECURITY AND ASSUMPTION OF RISK

SECURITY

It is Your responsibility to secure Your username and password from theft or any other means of

unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment

information, and instead, these are processed through third-party processors such as Stripe,

Paypal, or Shopify . By utilizing these

payment processors to gain access to the Offering, You indemnify Us and instead assume any

and all risk or liability for the security of the payment details, and agree to be bound by the

third-party payment processor’s applicable terms and conditions of use.

CONFIDENTIALITY

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent

client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

ASSUMPTION OF RISK

By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the

risk of Your access and any subsequent actions You choose to take as a result of the influence,

information, or educational materials provided to You.

YOUR COMMUNICATIONS

Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or

other related pages, or directly to Our phones or mailing or email addresses is not held

privileged or confidential and is subject to viewing and distribution by third parties. We own any

and all communications displayed on Our website, servers, comments, emails, or other media

as allowed by United States law, and will not give credit or pay royalties for unsolicited

user-generated content such as blog comments or emails. For more information on when and

how We store and use Your communications or any data provided by You in those

communications, please refer to Our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in

the course of Our business. You agree not to submit any content or communications that could

be illegal or serve an unlawful purpose, including, but not limited to communications that are

potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or

Inappropriate.

DISCLAIMERS

Our website and related materials are provided for educational and informational use only. You

agree to indemnify and hold harmless Our website and company for any direct or indirect loss or

conduct incurred as a result of Your use of Our website and any related communications,

including as a result of any consequences incurred from technological failures such as a

payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand

and acknowledge that We make no guarantee as to the accuracy of third-party statements

contained herein or the likelihood of success for You as a result of these statements or any

other statements anywhere on this website. If You have medical, legal, or financial questions,

You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We

expressly disclaim any and all responsibility for any actions or omissions You choose to make

as a result of using this website, related materials, products, courses, or the materials contained

herein.

This website is updated on a regular basis and while We try to make accurate statements in a

timely and effective manner, We cannot guarantee that all materials and related media

contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and

understand that any information or knowledge You gain as a result of using this website is used

at Your own risk. If You should see any errors or omissions and would like to let Us know, please

email Us at support@alexkincaidart.com.

THIRD PARTY DISCLAIMER

You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal

conduct of any other participant or user, including You.

WARRANTIES DISCLAIMER

WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR

PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR

PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY

KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE

PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM

MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE,

APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY

PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL

COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING

THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES

MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS,

ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS

AFFILIATES

This site may use affiliate links to sell certain products or services. We disclaim any and all

liability as a result of Your purchase through one of these links. We will use reasonable efforts to

notify You when and where We have placed affiliate links in addition to this disclaimer located in

these Terms and Conditions. You accept express liability for any and all consequences or

benefits of clicking the affiliate links contained on this website or related communications.

TERMINATION

If at any time We feel You have violated these Terms and Conditions, then We shall immediately

terminate Your use of Our website and any related communications as We deem appropriate. It

is within Our sole discretion to allow any user’s access of Our website, and We may revoke this

access at any time without notice, and if necessary, block Your IP address from further visits to

Our site(s).

ENTIRE AGREEMENT

Before You register with Our website or make any purchases therefrom, You will be asked to

consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the

constitutes the entire agreement between site users and Our company relating to the use of this

website.

LAW AND JURISDICTION

These Terms and Conditions of Use and Privacy Policy are governed by and construed in

accordance with United States] law. Any dispute arising out of or related to the information

contained herein is subject to adjudication in the state of Texas, United States.

CONSENT

By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy

Policy.

If You require any more information or have any questions about Our Terms and Conditions of

Use, or Our Privacy Policy, please feel free to contact Us by email at support@alexkincaidart.com

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any

express written here, are reserved by Company.

SEVERABILITY

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or

unenforceable, all other provisions contained herein will remain in full force and effect.

CONTACT INFORMATION

Email: support@alexkincaidart.com