TERMS AND CONDITIONS

This Agreement (“Agreement”) is entered into by and between Gamut Marketing, Inc. (referred to as “Gamut Ascent”) and the purchaser of the product (hereafter referred to as “Client”). The purpose of this Agreement is for the Client to purchase a product from Gamut Ascent’s billing portal (the “Product”). By clicking the ‘add to cart’ button or submitting payment for the Product, the Client agrees to the terms and conditions outlined below.

1. Product Access and License

Upon purchasing the Product, the Client will promptly receive a confirmation email within 48 hours. Additionally, the Client’s access to the final deliverables will remain available for a period of three (3) months after delivery. It is strongly recommended that the Client promptly download and securely store all final deliverables on their own storage drive.

Gamut Ascent grants the Client an exclusive, non-sublicensable, and non-transferable license to use the Product. However, the Client must not share the Product materials with any third party. If Gamut Ascent suspects unauthorized sharing, it reserves the right to immediately terminate the Client’s access.

The Client is free to use the Product for personal and business purposes and may modify the language as needed. No obligation exists to credit Gamut Ascent for the copy used in the Product.

2. Fees & Payment Processing

The Client agrees to compensate Gamut Ascent with the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, the Client shall promptly provide a new eligible payment method before receiving access to the Product. In the event that the Client has already been granted access to the Product and a payment method is subsequently declined, Gamut Ascent reserves the right to collect any and all outstanding receivables.

3. Refund Policy

No refunds will be granted for any fees or amounts paid by the Client in connection with the Product. This policy applies under all circumstances.

4. Personal Information

Upon purchasing the Product, the Client will be required to provide personal information, including their name, email address, mailing address, and billing address. By doing so, the Client agrees to allow Gamut Ascent access to this personal information for all lawful purposes.

The Client is responsible for ensuring the accuracy of their identifying information, maintaining its safety and security, and promptly updating Gamut Ascent regarding any changes.

Furthermore, the billing information provided to Gamut Ascent by the Client will be securely stored and subject to the same confidentiality and accuracy requirements as the Client’s identifying information mentioned above. Any provision of false or inaccurate information or misuse of the Product for fraudulent or unlawful purposes may result in immediate termination from the Product.

5. Copyright

Upon delivery of the Product to Client, Gamut Ascent hereby transfers and assigns to Client all copyrights regarding the Product.

6. Warranties and Liability

Gamut Ascent makes every effort to ensure that the Product is accurate and fit for the use of Gamut Ascent’s customers. However, Gamut Ascent takes no responsibility whatsoever for the suitability of the Product, and Gamut Ascent provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Client agrees to indemnify Gamut Ascent against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions. Gamut Ascent shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

7. Force Majeure

If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.

8. Guarantees

Gamut Ascent makes no explicit guarantees regarding the results, including financial gains or personal outcomes, arising from the Client’s use of the Product. The Client acknowledges and agrees to assume full responsibility for their own results when utilizing the Product.

9. Client Expectations and Product Disclaimer

The Client acknowledges that they have thoroughly reviewed Gamut Ascent’s business and holds reasonable expectations regarding the outcomes and results achievable through Gamut Ascent’s Product. It is important to recognize the following:

a. Individual Variation: Each client’s experience and final results using the Product may differ significantly.
b. Mass Audience: The Product is designed for a broad audience and may not yield identical outcomes for every user.

10. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.

11. Venue and Jurisdiction

The laws of the State of Washington shall govern this contract, and any resulting arbitration shall take place within the State of Washington. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.

12. Mediation and Arbitration

Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in the State of Washington, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

13. Transfer

This agreement cannot be transferred or assigned to any third party without written consent of both parties.

14. Severability

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.