Terms & Conditions

Last updated: 4.10.2021

User’s Acknowledgment and Acceptance of Terms

BY VISITING, ENROLLING, AND/OR PURCHASING FROM WWW.TESSLORRAINE.COM OR WWW.SHITTYIDEATIME.COMMUNITY, YOU ARE CONSENTING TO THESE POSTED TERMS AND CONDITIONS.

This website is operated by Tess Lorraine Inc. Throughout the site, the terms “we”, “us”, and “our” refer to Tess Lorraine Inc. Tess Lorraine Inc. offers this website (“Site”), including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The term “user,” “you” and “your” refers to site visitors, customers, and any other users of the Site.

By visiting our site and/or purchasing something from this site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”, “Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Use of www.tesslorraine.com or www.shittyideatime.community, including all materials presented herein and all online services provided by Tess Lorraine Inc., is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Any new features or tools which are added to the current Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Site Terms & Refund Policy

By agreeing to these Terms, you represent that you are at least the age of majority in your state, jurisdiction, or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Children under the age of 18 are prohibited from using the Site without the consent of a legal guardian.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site and/or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You agree to not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of these Terms will result in an immediate termination of your Services.

Due to the digital nature of our products, we generally do not offer refunds outside of our Return Policy. However, if you’re not satisfied, for any reason, please share your concerns with us via email at hello@tesslorraine.com and we’ll do our best to make things right.

General Conditions

Tess Lorraine Inc. and www.tesslorraine.com and www.shittyideatime.com (“We”) reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.

You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of this Website, the Service provided, the Products provided, use of the Service/Products, or access to the Service/Products, or any contact on the website through which the service/products are provided, without express written permission by us.

We are not responsible if information made available on this site is not accurate, complete, updated, or current. The material on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions, related to your business or otherwise, without consulting primary, more accurate, more complete, or more timely sources of information, including a licensed attorney, business, or financial advisor. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

Account Creation

In order to use the Service/Site, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to Tess Lorraine Inc. will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

Lawful Purposes

You may use the Site and Service for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Order Confirmation

We will email you to confirm the placement of your purchase and with details concerning product delivery and Site access. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Product Descriptions

We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any purchase with an incorrect price listing.

Products or Services

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the features of our products/services that appear on the Site.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

No Guarantees

We may display third-party information in the form of a Business Directory. We do not endorse, nor do we guarantee the quality of products or services rendered by, any company or individual named in the Business Directory. You are free to contact any vendor or service-provider listed and agree to assume any and all risk associated with these companies.

Personal Information

Your submission of personal information through the Site is governed by our Privacy Policy. To view our Privacy Policy, click here.

Professional Relationships

You understand that the information presented on this Site is not legal, financial, or business advice and Company is not a law firm. All of the information provided throughout the Site Membership including the resources for business owners delivered via e-mail, live events including webinars and video/audio recordings and screencasts educating business owners about business, laws, finance-related information, and/or legal principles affecting their businesses and the digital resources available for purchase are resources for educational and informational purposes only and should not take the place of hiring a licensed professional.

Using the Site and/or Service does not create an Attorney-Client relationship between you and Tess Lorraine Inc., their founders, or their content contributors. Customized legal advice is not provided within the Site and Service. Tess Lorraine Inc. is not a law firm and cannot provide legal advice, opinions, or recommendations. If you need legal advice, you should hire an attorney.

Neither receipt of information presented on www.tesslorraine.com nor www.shittyideatime.community nor any email or other electronic communication sent to Tess Lorraine Inc. or its founders will create an Attorney-Client relationship.

No user of the Site and/or Service should act, or refrain from acting, on the basis of information included on www.tesslorraine.com or www.shittyideatime.community without first consulting legal counsel in the relevant jurisdiction(s).

Our Intellectual Property

This Site and Service contain intellectual property owned by Tess Lorraine Inc., including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as the Shitty Idea Time name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part without our prior express and written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Shitty Idea Time® is a trademark owned by Tess Lorraine Inc.

Modifications to the Service and Prices

Prices for our services and products 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.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Tess Lorraine Inc. is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Tess Lorraine Inc. has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Tess Lorraine Inc.’s cumulative liability to you exceed the total purchase price of the product/service you have purchased from Tess Lorraine Inc. and/or www.tesslorraine.com and/or www.shittyideatime.community and if no purchase has been made by you, Tess Lorraine Inc.’s cumulative liability to you shall not exceed $100.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

Changes to Posted Terms

We may at any time amend these Terms. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.

Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Entire Agreement

This Agreement constitutes the entire agreement between you and Tess Lorraine Inc. pertaining to this Site and Service. No waiver of any of the provisions of this Agreement by Tess Lorraine Inc. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Tess Lorraine Inc.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Tess Lorraine, Inc.

PO Box 1448

Bend, OR 97703

Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Oregon as applied to contracts that are executed and performed entirely in Oregon. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Jackson County, Oregon. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms bind to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

Questions about these Terms and Conditions? Email us at hello@tesslorraine.com.