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TERMS AND CONDITIONS

www.leighanndaugherty.com

Effective date: 15th April 2024

1. Introduction

Welcome to www.leighanndaugherty.com ("Website"), owned and operated by Leigh Ann Daugherty, an accomplished author and professional home organizer. This Website offers visitors the opportunity to explore and purchase Leigh Ann’s books, register for book signings, schedule consultations for professional organizing services, and engage with various content.

By accessing and using the Website, you agree to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern your relationship with this Website.

2. User Eligibility and Account Registration

The Website is available to users who are at least 18 years of age and possess the legal capacity to enter into binding contracts. If you are under 18, you may use the Website only with involvement of a parent or guardian. By using this Website, you affirm that you meet the eligibility requirements and will provide accurate and complete information when creating an account or registering for events and purchases. Failure to comply with these criteria may result in termination of your account and cancellation of any pending transactions.

3. Intellectual Property Rights

3.1 Website and Services 

All content displayed on www.leighanndaugherty.com, including but not limited to texts, graphics, logos, images, service descriptions, digital content, and software, is the exclusive property of Leigh Ann Daugherty or her designated content suppliers. This content is protected under United States and international copyright, trademark, and other intellectual property laws. Unauthorized use, modification, distribution, or reproduction of the website content, or any use of meta tags or other "hidden text" utilizing Leigh Ann Daugherty’s name or trademarks without express written consent is strictly prohibited and may lead to legal action.

3.2 Books and Publications 

The copyrights in all books and publications authored by Leigh Ann Daugherty, as displayed and sold on this website, are owned by Leigh Ann Daugherty. This includes all formats of the books (e.g., hardcover, paperback, digital editions) and any derivative works or adaptations. In addition to purchasing directly from this Website, customers can also find paperback and eBook versions available on Amazon. Links to purchase these formats on Amazon will be provided on this Website within the next few weeks. No part of these publications may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written permission of Leigh Ann Daugherty. This protection extends to cover the use of Leigh Ann’s written content in other media or formats not explicitly authorized.

4. User Conduct

Users of this Website are expected to use the Website lawfully, respecting the intellectual property rights of Leigh Ann Daugherty and others. All users agree not to use the Website:

  1. For any unlawful or fraudulent purposes.

  2. To create, upload, or distribute any content that is unlawful, harmful, threatening, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable.

  3. To transmit any viruses, malware, or any other type of malicious software, or links to such software.

  4. To collect or track the personal information of others.

5. Products and Purchasing Terms

This Website sells books authored by Leigh Ann Daugherty and offers scheduling options for professional organizing services and book signings. Detailed descriptions of these products and services are provided on the Website, and Leigh Ann makes every effort to describe and display the products and services accurately. However, slight variations in color, type, size, and appearance of the products may occur. The purchase of products and services through the Website is subject to availability and we reserve the right to limit the quantities of products or services that we offer or to discontinue any product or service at any time.

6. Pricing and Payments

Prices for products and services are detailed on the Website and are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service. All prices are in United States dollars and payments can be made using various payment methods available on the Website that may include credit cards, debit cards, and other online payment methods.

7. Shipping, Returns, and Refunds

When you purchase products from the Website, they will be shipped according to the terms provided at the time of purchase. Shipping costs and delivery times may vary based on the destination and the shipping options you select. We strive to ship items within the timeframe indicated but cannot guarantee delivery times due to potential unforeseen delays. Please refer to our Returns and Refunds policy for more information on this section.

8. Consultation and Coaching Services

We offer professional organizing consultations and coaching services, which can be scheduled through the Website. These services are subject to availability and may be booked according to the following terms:

  1. Scheduling: Appointments must be scheduled in advance and are subject to confirmation based on availability.

  2. Cancellation Policy: If you need to cancel or reschedule your appointment, please do so at least 24 hours in advance to avoid cancellation fees.

  3. No Guarantee: While Leigh Ann Daugherty strives to provide valuable advice and guidance, the effectiveness of the advice may vary, and specific results cannot be guaranteed. Users agree to not hold Leigh Ann Daugherty liable for the outcomes derived from these services.

9. Pricing and Fees

All prices listed on the Website are stated in U.S. dollars and are subject to change without notice. The final price charged to you may also include applicable taxes and shipping fees, which will be itemized in your shopping cart and in your order confirmation email. We reserve the right to adjust pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes, and errors in advertisements.

10. Affiliate Marketing Disclosure

This Website engages in affiliate marketing, which is addressed transparently in our Affiliate Disclosure. This disclosure informs users that we may receive a commission for purchases made through affiliate links provided on our Website. This does not affect our reviews or comparisons, and we strive to provide accurate information that helps our users make the best choices for their needs.

11. Account Registration and Security

Users may create an account to access certain features and functionalities of the website. During the registration process, you will be required to provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Leigh Ann Daugherty will not be liable for any loss or damage arising from your failure to comply with this security obligation.

12. User-Generated Content (UGC)

You may have the opportunity to create, post, or share content, such as reviews, comments, and other materials, on the Website. By posting content, you grant Leigh Ann Daugherty a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant Leigh Ann Daugherty the right to use the name that you submit in connection with such content. 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 these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify Leigh Ann Daugherty for all claims resulting from content you supply.

13. Third-Party Links and Content

The Website may contain links to third-party websites and resources. These links are provided for your convenience only and do not imply an endorsement by Leigh Ann Daugherty of any such linked content. We are not responsible for the content or performance of these third-party websites, nor do we make any representations or warranties about their quality, content, or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

14. Disclaimer of Warranties

14.1 General Disclaimer 

The Website, including all content and services provided therein, is offered on an "as is" and "as available" basis without any warranties of any kind, either express or implied. No warranties are made regarding the merchantability, fitness for a particular purpose, or non-infringement of the content available on the Website. Leigh Ann Daugherty does not guarantee that the Website will operate uninterrupted or error-free, that defects will be corrected, or that the Website or the servers that host it are free of viruses or other harmful components. Users are advised to use industry-recognized software to detect and disinfect viruses from any download.

14.2 Services Specific Disclaimer 

While the Website offers professional organizing and consulting services, Leigh Ann Daugherty expressly disclaims all warranties related to these services. There is no guarantee of specific results from the use of the services provided. The information and advice delivered through these services are not intended for use in legal, medical, financial, or other professional contexts that could potentially expose Leigh Ann Daugherty to liability. Users are cautioned not to rely solely on this information for making critical decisions and are advised to consult with appropriate professionals for specific advice tailored to their individual situations.

14.3 Books and Publications Specific Disclaimer 

All books and publications authored by Leigh Ann Daugherty and sold through the Website are provided "as is" without any warranties regarding the accuracy, reliability, or completeness of their contents. Leigh Ann Daugherty disclaims all liability arising from the application or misapplication of the information contained in these materials. There is no warranty that the information provided in the books and publications is error-free. Users are responsible for verifying any information before relying on it and should not assume that the works are error-free or that they will be suitable for the particular purpose that the reader may have in mind.Top of Form

 

15. Limitation of Liability

In no event will Leigh Ann Daugherty, her directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

16. Indemnification

You agree to defend, indemnify, and hold harmless Leigh Ann Daugherty, her licensors, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your User-Generated Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions.

17. Modification of Terms

Leigh Ann Daugherty reserves the right to modify these Terms and Conditions at any time according to her business needs and to ensure compliance with changes in laws and regulations. Changes will be effective immediately upon posting on the Website, and by continuing to use the Website thereafter, you agree to be bound by the revised terms. It is your responsibility to check the Website periodically for changes to the Terms and Conditions.

18. Termination

Leigh Ann Daugherty reserves the right to terminate or suspend your access to the website without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19. Governing Law

These Terms and Conditions shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions. Your use of the Website and any dispute arising out of such use of the Website is subject to the federal laws of the United States of America and the state laws of Texas.

20. Dispute Resolution

Any disputes arising out of or related to these Terms and Conditions and the services provided by the Website shall be handled first through informal negotiation directly with Leigh Ann Daugherty. If the matter cannot be resolved through negotiation, both parties agree to attempt to resolve the dispute through binding arbitration in Texas. Arbitration as a means of settling disputes is intended to reduce the time and expense associated with court actions.

21. Severability

If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.

22. Entire Agreement

These Terms and Conditions, together with the Privacy Policy and any additional agreements you may enter into with Leigh Ann Daugherty in connection with the Website, shall constitute the entire agreement between you and Leigh Ann Daugherty regarding the Website. These documents supersede and replace any prior agreements between you and Leigh Ann Daugherty regarding the Website.

23. Waiver

No waiver of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Leigh Ann Daugherty to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

24. Notifications and Changes to Terms

Leigh Ann Daugherty may provide notifications to you as required by law or for marketing or other purposes via email to the primary email address specified in your account, through visible posting on our Website, or through other reasonable means. It is your responsibility to ensure that your email address and any other contact information you provide to us is updated, current, and correct. Changes to these Terms and Conditions are effective when they are posted on this page. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

25. Accessibility Statement

Leigh Ann Daugherty is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards. If you experience any difficulty in accessing any part of this website, please feel free to contact us. We will work with you to provide the information, item, or transaction you seek through an alternate communication method or one that is accessible for you, consistent with applicable law.

26. Ethical Use and Fairness

The Website aims to promote fairness and ethical behavior in all interactions. Users are expected to conduct themselves honestly and with integrity while using the Website and its services. You agree not to use the Website for any deceptive practices, including misleading others about the nature of your products or services, the origins or benefits of a product, or any other details that could deceive users or affect their buying decisions.

27. Data Protection

Leigh Ann Daugherty is dedicated to protecting the privacy and security of her users' data in accordance with applicable laws and regulations, including the General Data Protection Regulation (GDPR) for users in the European Union and the California Consumer Privacy Act (CCPA) for residents of California. Please refer to our Privacy Policy, linked at the bottom of the Website, for detailed information on how we collect, use, protect, and disclose your personal information.

28. Feedback and Suggestions

We welcome and encourage feedback from our users, which allows us to improve our Website and services. By submitting feedback, ideas, or suggestions to Leigh Ann Daugherty through the Website or any other means, you acknowledge and agree that:

(1) your feedback does not contain the confidential or proprietary information of you or third parties;

(2) Leigh Ann Daugherty is not under any obligation of confidentiality, express or implied, with respect to the feedback;

(3) Leigh Ann Daugherty may have something similar to the feedback already under consideration or in development; and

(4) you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute the feedback for any purpose.

29. Emergency and Maintenance Downtime

Leigh Ann Daugherty reserves the right to temporarily suspend access to the Website for operational purposes, including maintenance, repairs, or upgrades. We will endeavor to provide reasonable notice of any such downtime, particularly when it is planned or foreseeable, and will restore access as quickly as possible. We are not liable for any harm or damages resulting from or in connection with such suspensions.

30. Contact Information

For any questions or concerns regarding these Terms and Conditions, or to contact Leigh Ann Daugherty regarding any other matter, please direct your correspondence to the following:

Email: info@leighanndaugherty.com
Phone: 972-552-7213
Address for Returns: 1013 Gannon Drive, Plano, TX 75025

We are committed to addressing your inquiries promptly and thoroughly.

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