Effective Date: June 30, 2025
Last Updated: June 30, 2025

These Terms of Service ("Agreement") govern your use of the websites located at https://www.mistyblackauthor.com, https://www.berrypatchpress.com, https://www.mistyblackmedia.com, and any other affiliated websites, domains, brands, or platforms operated by Misty Black Media LLC or its subsidiaries, including but not limited to Berry Patch Press LLC (collectively, the "Site"), operated by Misty Black Media LLC and its subsidiaries, including Berry Patch Press LLC and any associated brands or domains (collectively, "we," "us," or "our").

By accessing or using the Site or any related services, you agree to be bound by this Agreement, our Privacy Policy, and any additional terms provided at the time of purchase or use. If you do not agree, you must not access or use the Site.

We reserve the right to modify this Agreement at any time. Updates will be posted to this page and are effective immediately upon publication. Please review this page periodically to stay informed of any updates, as your continued use of the Site constitutes acceptance of those changes.

1. Limitations of Use

By using this Site, you represent and warrant that you will not:

• Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials or software;

• Remove any copyright or proprietary notices;

• Mirror or transfer materials to another server or person;

• Disrupt or abuse our networks or services;

• Transmit or publish unlawful, obscene, harassing, or fraudulent material;

• Violate any laws or regulations;

• Send unauthorized advertising or spam;

• Harvest user data without consent;

• Infringe the privacy or intellectual property rights of others.

2. Intellectual Property

All content on the Site is the intellectual property of Misty Black Media LLC or its licensors and protected by copyright and trademark laws. You are granted a limited, non-transferable license to download one copy of materials for personal, non-commercial use. This license terminates if you breach this Agreement.

3. Electronic Communications

By visiting the Site or communicating with us electronically, you consent to receive communications from us electronically. You agree these communications satisfy any legal requirement that such communications be in writing.

4. Your Account

You are responsible for maintaining the confidentiality of your account and password. You may not transfer your account. We are not liable for unauthorized access to your account. We reserve the right to refuse service or terminate accounts at our sole discretion.

5. Children Under Thirteen

We do not knowingly collect personal information from anyone under 13. If you are under 18, you may use the Site only with permission from a parent or guardian.

6. Cancellation and Refund Policy

Our refund and cancellation policy varies per program, product, or service:

• Get It Written Workshop: No refunds.

• Get It Published Program: Full refund within 14 days of purchase with completed homework from Modules 1 and 2.

• Get It Selling System: No refunds after 14 days.

• 1:1 Coaching: Non-refundable, expires 6 months after purchase.

We reserve the right to deny refunds and remove access for plagiarism.

7. Digital Product Delivery

Digital products are delivered via email upon purchase. Delivery is considered complete once the email is sent. Check spam/promotions folders if not received.

8. Lifetime Access

"Lifetime access" refers to the lifetime of the product, not your lifetime or the lifetime of Misty Black Media LLC. We reserve the right to retire or discontinue products at our discretion.

The Get It Written Workshop initially launched in March 2022.

The Get It Published Program initially launched in June 2022.

9. International Users

The Site is operated from the USA. If accessing from outside the USA, you are responsible for compliance with local laws.

10. Indemnification

You agree to indemnify and hold harmless Misty Black Media LLC, its officers, agents, and affiliates from any claims, losses, or expenses arising from your use of the Site, violation of this Agreement, or violation of any rights of a third party.

11. Dispute Resolution and Arbitration

Any dispute arising out of your use of the Site shall be resolved by binding arbitration in Utah under the rules of the American Arbitration Association. You waive your right to bring claims in court or as part of a class action.

12. Class Action Waiver

All claims must be brought individually, not as part of any class, collective, or representative action.

13. Earnings Disclaimer

Misty Black Media LLC makes no guarantee of results. Any testimonials or examples are not typical and do not guarantee similar outcomes. Your success depends on your effort and circumstances.

14. Copyright Complaints (DMCA Policy)

If you believe any content infringes your copyright, contact us at info@mistyblackauthor.com with:

• Your signature

• Description of the work

• URL or location of the infringing material

• Your contact info

• Good faith statement

• Statement of accuracy under penalty of perjury

15. Privacy

Your use of the Site is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. This includes the use of tracking tools such as Meta Pixel and other analytics services. By using the Site, you consent to the collection and use of your data as described in the Privacy Policy. It also includes our Cookie Policy. These are incorporated herein by reference.

16. Affiliate Disclosure

We may earn a commission from products or services we recommend through affiliate links. This disclosure is made in accordance with the Federal Trade Commission’s guidelines. Our recommendations are based on personal experience and belief in the value of the product or service. This does not impact our recommendations. We only promote products or services we believe in.

17. Payment Processing

All payments made through our Site are securely processed by third-party payment processors such as Stripe and PayPal. We do not store your payment card details. By submitting your payment information, you agree to the processing terms and privacy policies of these providers. For information on how your payment data is handled, please review the Stripe and PayPal privacy policies on their official websites.

You acknowledge that Misty Black Media LLC is not responsible for any issues arising directly from payment processing by these third parties.

18. Accuracy of Materials

The materials on the Site are for general information only. We do not warrant their accuracy or reliability.

19. Testimonial & Content Permissions

We may use any testimonials, posts, messages, videos, or other materials you submit or share for our marketing.

20. Personal Responsibility

You acknowledge that your results depend solely on your efforts. Misty Black Media LLC offers no guarantees. Courses and Site content reflect personal opinions and are for informational and entertainment purposes only.

21. Links

We are not responsible for third-party sites linked from our Site. You access them at your own risk.

22. Right to Terminate

We may terminate your access at any time for breach of this Agreement.

23. Severability

If any part of this Agreement is found to be unenforceable, the rest remains in effect.

24. Governing Law

This Agreement is governed by the laws of the State of Utah. You consent to jurisdiction in Utah courts for any legal action.